Queen Insurance Co. of America v. Kaiser

The issue is — do the terms of the exculpatory clause of the lease exonerate the lessor from liability for damages sustained by the lessee and caused by the negligence of the lessor.

It is conceded that the plaintiff insurer cannot recover under its subrogation agreement unless its insured (tenant Bruner) had a right to recovery. Frederick v. Great Northern R. Co. (1932), 207 Wis. 234, 240 N. W. 387, 241 N. W. 363.

The legality of an exculpatory clause has not been challenged by the plaintiff.

“The basis upon which the courts have upheld the validity of exculpatory clauses in lease contracts has…