Acuity v. Interstate Construction, Inc., 2007-P-0074 (3-7-2008)

OPINION

{¶ 1} Appellant, Acuity, A Mutual Insurance Company, appeals the summary judgment entered by the Portage County Court of Common Pleas on its subrogation claim against appellee, Interstate Construction, Inc. At issue is whether the waiver of subrogation provision contained in a construction contract between appellant's insured and appellee applied to damage covered by insurance purchased after construction was completed. For the reasons that follow, we affirm.

{¶ 2} In 1998, appellant's nonparty insured BVM Hospitality, Inc. ("BVM") entered a contract with appellee for the construction…