Behr v. Hook

Plaintiffs Peter and Marjorie Behr, whose newly constructed home was destroyed by fire shortly before they were to move into it, appeal the superior court’s summary judgment ruling upholding a waiver-of-subrogation provision contained in the construction contract entered into between the Behrs and their general contractor. Under the court’s ruling, the Behrs’ insurer — the real party in interest in this subrogation action — may not recoup from defendant subcontractors, who are alleged to have caused the fire, the $1.4 million the insurer paid the Behrs for the fire loss. We reject plaintiffs’…