Middlesex Insurance v. American Employers Insurance

The defendant appeals from a judgment for the plaintiff, The Middlesex Insurance Company (Middlesex), entered upon the judge’s findings after a hearing. Middlesex had reimbursed its insured, Oak Ridge Realty, Inc. (Oak Ridge), for damage to a building owned by Oak Ridge and leased to one Schortmann. The damage resulted from a fire accidentally caused by one of Schortmann’s employees. Oak Ridge had recovered a judgment against Schortmann which remains unsatisfied. Middlesex became subrogated to the rights of Oak Ridge and brought this action under G. L. c. 175, §§ 112 and 113, and G. L. c.…