Rausch v. Allstate Insurance

How courts have described this case

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

• observing that “courts have no business adding insureds to an insurance policy in order to achieve their perception of good public policy” (citation omitted)
• recognizing Joerg as representative of the “case-by-case” approach to subrogation, and stating that when a lease contains both an insurance requirement and a liability-for-negligence provision, the insurance requirement controls and blocks subrogation
• explaining that a tenant “has a possessory interest” in a property
• noting that absent some compelling provision to the contrary and notwithstanding any general provision imposing liability for negligence, the reasonable expectation of the parties is that landlord would look only to the insurance policy for compensation for fire loss
• looking to the lease between a landlord and tenant to determine that the tenant was an insured under the landlord’s fire insurance policy
• discussing general principles emanating from basic contract and subrogation law that need to be considered when applying a case-by-case approach

Source: CourtListener parenthetical corpus (CC0).