LEXINGTON INS. CO. v. RABOIN

No. 95C-04-195 SCD.

712 A.2d 1011 (1998)

LEXINGTON INSURANCE CO., as Subrogee to the Rights of Apartment Communities Corp., Inc., Plaintiff, v. Brian RABOIN, George Dougherty, Shell Electric Manufacturing (Holdings) Co., Ltd., SMC Electric Manufacturing Corp., Defendants.

Superior Court of Delaware, New Castle County.

Decided: February 9, 1998.


Attorney(s) appearing for the Case

Jan R. Jurden, of Young, Conaway, Stargatt & Taylor, Wilmington, Donald A. Waltz, of Cozen & O'Connor, Philadelphia, Pennsylvania, for plaintiff Lexington Insurance Co.

Robert K. Pearce, of Trzuskowski, Kipp, Kelleher & Pearce, Wilmington, for defendant Brian Raboin.

Francis J. Jones, Jr., Nancy R. Walsh, of Morris, James Hitchens & Williams, Wilmington, for defendant George Dougherty.

John D. Balaguer, of White & Williams, Wilmington, for defendants Shell Electric Manufacturing (Holdings) Co., Ltd. and SMC Marketing Corp.


OPINION

Del PESCO, Judge.

Introduction

The issue before the Court concerns whether, pursuant to the terms of a lease agreement, a residential tenant is a "co-insured" under the landlord's general fire insurance policy for the limited purpose of shielding the tenant from a subrogation action by the landlord's carrier in an instance where the tenant's alleged negligent conduct caused a fire loss....

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