Mid Century Insurance Co. v. Gates Rubber Co.

Opinion by

Judge DAVIDSON.

In this subrogation action, plaintiff, Mid Century Insurance Company, appeals from the trial court's order granting attorney fees to defendant, The Gates Rubber Company. We reverse.

Fashion Carpets rented a warehouse space from Gates under the terms of a commercial lease and insured the property stored in the space with Mid Century. Fashion Carpets' goods sustained water damage, and, as a result, Mid Century paid insurance benefits to Fashion Carpets. Mid Century filed suit against Gates to recover in subrogation the expenses paid to its insured, arguing that Gates was…