Horgan v. Montachusett Addiction Council, Inc.

Wexler, James H., J.

Merrimack Mutual, the insurer, brought this action for subrogation in the name of its insured, Mark D. Horgan, Trustee of Parker Realty Trust, the owner of the real property. Specifically, Merrimack Mutual seeks to recover from the defendants, Montachusett Addiction Council, Inc.3 (Count I), and Robert Theall (Count II), money it paid for fire damage to the insured property. Defendants filed a Motion for Summary Judgment on both counts asserting that a yield-up clause in the commercial lease between the parties precludes a finding of liability against them. For the…