John L. Mattingly Construction Co. v. Hartford Underwriters Insurance

How courts have described this case

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

• noting that the waiver acts as a risk shifting provision premised on the recognition that it is economically inefficient for parties to a insure against the same risk
• defining subrogation as “[t]he substitution of one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor”
• “ ‘It is a basic principle of contract law that, in construing the language of a contract, ambiguities are resolved against the draftsman of the instrument.’ ”
• in insurer subrogation action against a contractor and a subcontractor, holding that ambiguity in the scope of a project-wide subrogation waiver precluded the grant of summary judgment to the contractor and subcontractor
• “It is a basic principle of contract law that, in construing the language of a contract, ambiguities are to be resolved against the draftsman of the instrument.” (quoting Burroughs Corp. v. Chesapeake Petroleum & Supply Co., Inc., 282 Md. 406, 411 (1978))

Source: CourtListener parenthetical corpus (CC0).