Capitol Indemnity Corp. v. Strike Zone, S.S.B.&B. Corp.

Defendant appeals a grant of summary judgment entered in favor of plaintiff, Capitol Indemnity Corporation (Capitol), awarding it $461,759.29 of the funds received by defendant from a third-party tortfeasor in settlement of a property damage claim. Defendant alleges the court erred in enforcing a subrogation clause in a contract of insurance issued by Capitol. We affirm.

In August 1991, a building and business owned by defendant was totally destroyed in a fire caused by the crash of a private plane. Pursuant to a policy of insurance issued to defendant by Capitol, defendant was paid…