Lexington Insurance v. Raboin

OPINION

Del PESCO, Judge.

Introduction

The issue before the Court concerns whether, pursuant to the terms of a lease agreement, a residential ténant is a “co-insured” under the landlord’s general fire insurance policy for the limited purpose of shielding the tenant from a subrogation action by the landlord’s carrier in an instance where the tenant’s alleged negligent conduct caused a fire loss.' I conclude that for purposes of preventing subrogation landlords and. residential tenants are co-insureds, absent some clearly expressed intent in the lease to the contrary.

Factual and Procedural…