Parsons Manufacturing Corp. v. Superior Court

Opinion

BARRY-DEAL, J.

This petition by a lessee challenges two summary judgment rulings against it. The issue raised is whether the lessor’s insurer is barred from suing lessee for a negligently caused fire. The lease agreement provides for return of the premises in the same condition as received, “. . . damage by fire, act of God or by the elements excepted, ...” and contains other provisions suggesting that the lessor will provide fire insurance for the building. We conclude that under the showing made below, those lease provisions bar recovery by the insurer.

On May 21, 1982, real party in…