Defendants insurers paid their insured, plaintiff tenant, for fire damage to its leasehold improvements which, by the terms of the commercial lease, became the property of defendant landlord, upon installation. The lease provided in paragraph 9 (b) that if the premises were partially damaged by fire, "the damages thereto shall be repaired by and at the expense of Landlord". On a prior appeal, this Court held that the waiver of subrogation clause in paragraph 9 (e) of the...
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