Commercial Union Insurance Co. v. Bituminous Casualty Corp

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the principle of subrogation is inapplicable where the third party is not responsible for the loss
• noting that the purpose of the subrogation waiver is “the avoidance of disputes among construction project participants,” a policy “best effectuated by interpreting the clause as effectively abrogating any subrogation right of the owner’s insurer against the subcontractor”
• “The insurer who pays for a loss obtains the insured’s right of action against a third party ultimately responsible for the loss.”

Source: CourtListener parenthetical corpus (CC0).