Amica Mutual Ins. Co. v. Muldowney

In DiLullo v. Joseph, 259 Conn. 847 , 851, 792 A.2d 819 (2002), our Supreme Court held that a property insurer was barred from maintaining an equitable subrogation action against a tenant possessing a unit in a multiunit commercial building for harm that the tenant caused to the entire building, where the lease was silent as to the possibility of subrogation. The issue in this case is whether DiLullo bars equitable subrogation in the different circumstances presented.

The defendants, Andrew Muldowney and Kalynn Tupa, appeal from the judgment of the trial court in favor of the plaintiff, Amica…