Public Employees Mutual Insurance v. Sellen Construction Co.

Ringold, A.C.J.

Public Employees Mutual Insurance Company (PEMCO) received $124,859.48 from its insurer, Sea Insurance Company (Sea), for damage done to PEM-CO's microfiche records during Sellen Construction Company's remodeling of PEMCO's Evergreen Bank Building and construction of an addition. Sea brought a subrogation claim in PEMCO's name against Sellen to recover the amount it paid to PEMCO. Sellen moved to dismiss the claim arguing that under the construction contract PEMCO had waived any cause of action against Sellen for property damages and that subrogation was not permitted because…