Alaska Insurance Co. v. RCA Alaska Communications, Inc.

OPINION

CONNOR, Justice.

In this appeal the question is whether a commercial tenant is an “implied co-insured” under its landlord’s fire insurance policy, when a provision in the lease requires the landlord to obtain and keep in effect an insurance policy on the leased premises covering loss because of fire. Under the facts of this case, we hold that the tenant is, by legal implications, a co-insured of the landlord’s policy, thereby precluding the landlord’s insurer from exercising sub-rogation rights against the tenant.

Bachner Rental Co., Inc. [hereinafter Bachner], as landlord and RCA Alaska…