Legal Opinion

Board of Commissioners v. Teton Corp.

Indiana Supreme Court

Decided May 13, 2015No. 72S04-1410-CT-642PublishedCited by 11 opinions

1Opinion of the Court

RUSH, Chief Justice.

Property owners and contractors routinely agree to waive subrogation rights for damages. Here, the parties did so by incorporating an American Institute of Architects (“AIA”) standard form into their contract for the repair of the Jefferson County courthouse. While the repairs were underway, a fire severely damaged the courthouse. The AIA contract waives subrogation rights for all “damages caused by fire or other perils to the extent covered by property insurance.” The parties now dispute the meaning of the subrogation waiver. Owner seeks to subrogate all damages unrelated…

2Cases cited24 opinions

  1. Butler v. Mitchell-Hugeback, Inc.Supreme Court of Missouri · 1995
  2. Copper Mountain, Inc. v. Industrial Systems, Inc.Supreme Court of Colorado · 2009
  3. Holiday Hospitality Franchising, Inc. v. Amco Insurance CompanyIndiana Supreme Court · 2013
  4. John Haegert v. University of EvansvilleIndiana Supreme Court · 2012
  5. Employers Mutual Casualty Co. v. A.C.C.T., Inc.Supreme Court of Minnesota · 1998

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3Cited by11 opinions

  1. Performance Services, Inc., an Indiana Corporation and Huntingburg Machine Works, Inc., an Indiana Corporation v. Hanover Insurance Company, as Subrogee of the Southwest Dubois County SchoolsIndiana Court of Appeals · 2017
  2. Empress Casino Joliet Corp v. W. E. O'Neil Construction Co.Appellate Court of Illinois · 2017
  3. ACE AMERICAN INSURANCE COMPANY VS. AMERICAN MEDICAL PLUMBING, INC. (L-0299-17, UNION COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
  4. Liberty Mutual Fire Insurance v. Fowlkes PlumbingCourt of Appeals for the Fifth Circuit · 2019
  5. Bryan Builders, LLC v. The Cincinnati Casualty CompanyIndiana Court of Appeals · 2025

6 more not listed; retrieve them via the Exa API.

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