Edward E. v. Clayton

Plaintiffs, Edward E. and Kathryn A. Jindra, appeal a judgment of the district court for Douglas County. The Jindras held property in joint tenancy with their adult daughter, Elizabeth Clayton. Clayton and her daughter, Cindy Clayton, resided at the property. The dwelling policy which insured the property listed the Jindras as the named insureds. The parties have stipulated that the property was damaged by a fire negligently caused by Cindy, then 13 years of age. The Jindras’ insurer brought a subrogation action in the name of the Jindras against the Claytons. After a bench trial based…