Koch v. Spann

*610LANDAU, P. J.

Plaintiff owns a duplex and maintained fire insurance on the building through United Services Automobile Association (USAA). Defendant is a tenant in the duplex. A fire — which plaintiff believes defendant started — damaged the duplex. USAA paid plaintiff under the fire insurance policy and then initiated this subrogation action in the name of plaintiff against defendant. The trial court entered summary judgment dismissing the subrogation claim. Citing Sutton v. Jondahl, 532 P2d 478 (Okla Ct App 1975), the trial court concluded that the insurer of a building may not recover from…