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MILLICAN OF WASH. v. WIENKER CARPET

No. 13964-9-I.

44 Wn. App. 409 (1986)

722 P.2d 861

MILLICAN OF WASHINGTON, INC., Respondent, v. WIENKER CARPET SERVICE, INC., Appellant.

The Court of Appeals of Washington, Division One.

July 21, 1986.

Attorney(s) appearing for the Case

David Tewell, Russell Love, and Tewell, Thorpe & Findlay, Inc., for appellant.

Andrew Gauen, Merrick, Hofstedt & Lindsey, and David Decourcy, for respondent.

SWANSON, J.

Wienker Carpet Service, Inc., appeals the superior court judgment holding that the waiver of subrogation clause in its lease with Millican of Washington, Inc., is effective to bar recovery by Millican against Wienker only for insured losses to the Wienker leasehold premises, thereby allowing Millican to seek recovery for damages to premises not described in the lease. Millican cross-appeals from the judgment, claiming that the waiver was unenforceable...

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