Interstate Fire Insurance Co. v. First Tape, Inc.

OPINION

MIRABAL, Justice.

This is an appeal from a summary judgment in favor of the defendants in a negligence action. The issue presented is whether the former warehouse tenants, who assigned their lease to a new tenant, are insulated from liability for their alleged negligence in causing a fire, by a waiver of subrogation clause in the assigned lease.

The uncontroverted summary judgment evidence establishes the following: Gary Pentecost (Pentecost) owned a commercial building worth over $1,600,000, which he partially insured for $600,000 with appellant, Interstate Fire Insurance Company (“the…