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INS. CO. OF NORTH AM. v. BORSDORFF SERVS., INC.

225 A.D.2d 494 (1996)

639 N.Y.S.2d 816

Insurance Company of North America, Appellant, v. Borsdorff Services, Inc., et al., Defendants and Third-Party Plaintiffs, and Robert H. Arnow et al., Respondents and Third-Party Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 28, 1996

The lease provisions whereby the landlord and tenant agreed to obtain fire insurance policies with waiver of subrogation provisions barring one party's insurer from bringing a subrogation action against the other party to recover amounts paid out under the insurance policy, is valid and enforceable, as an allocation of risk provision, and thereby precludes this subrogation claim (see, Brentano's, Inc. v Charter Mgt. Corp., 46 A.D.2d 861

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