Employers Mutual Casualty Co. v. A.C.C.T., Inc.

OPINION

TOMLJANOVICH, Justice.

This case presents an issue of first impression before this court. We are asked to decide whether a waiver clause in a standard American Institute of Architects’ (AIA) contractor agreement bars all subrogation suits brought by the owner’s insurer for damages negligently caused by the contractor while performing pursuant to the contract. We hold that the waiver clause prohibits a subro-gation claim by the owner’s insurer when the owner has relied upon existing all-risk property insurance coverage which is broader in scope than the coverage required by the contract,…