Lexington Insurance v. Tires Into Recycled Energy & Supplies, Inc.

MARTIN, Judge.

Lexington Insurance Company (“Lexington”) brought this subro-gation action against Tires Into Recycled Energy and Supplies, Inc., (“TIRES”) to recover damages for a fire allegedly caused by TIRES, which damaged property leased to TIRES by Lexington’s insured, Sanborn, Inc. (“Sanborn”). The lease from Sanborn to TIRES covered a commercial building located on Waughtown Street in Winston-Salem, North Carolina, and contained the following provision:

18. Waiver of Subrogation. Each party, notwithstanding any provision of this Lease otherwise permitting such recovery, hereby waives any…