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EMPLOYERS MUT. CAS. CO. v. A.C.C.T., INC.

No. C0-97-7.

580 N.W.2d 490 (1998)

EMPLOYERS MUTUAL CASUALTY COMPANY, an Iowa corporation, subrogee of Miller-Dwan Medical Center, Respondent, v. A.C.C.T., Inc., petitioner, Appellant.

Supreme Court of Minnesota.

June 25, 1998.

Attorney(s) appearing for the Case

Peter E. Lind, Steven D. Pattee, Waldeck & Lind, P.A., Minneapolis, for Appellant.

Charles R. Tuffley, Jeffrey R. Learned, Morrison, Mahoney & Miller, Southfield, Michigan, Joseph F. Lulic, Hanson, Lulic & Krall, Minneapolis, for respondent.

James D. Steiner, David A. Engen, William A. Webster, Robins, Kaplan, Miller & Ciresi, L.L.P., Minneapolis, for amicus curiae Rahr Malting Co.

John M. Anderson, Charles E. Lundberg, Minneapolis, for amicus curiae Associated General Contractors of Minnesota.

Heard, considered, and decided by the court en banc.

OPINION

TOMLJANOVICH, Justice.

This case presents an issue of first impression before this court. We are asked to decide whether a waiver clause in a standard American Institute of Architects' (AIA) contractor agreement bars all subrogation suits brought by the owner's insurer for damages negligently caused by the contractor while performing pursuant to the contract. We hold that the waiver clause prohibits a subrogation claim by the owner's insurer when...

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