ST. PAUL FIRE & MARINE INSURANCE COMPANY v. L.E.S. SUBSURFACE PLUMBING COMPANY INC.


266 A.D.2d 139 (1999)

699 N.Y.S.2d 31

ST. PAUL FIRE & MARINE INSURANCE COMPANY, as Subrogee of New York City School Construction Authority, Appellant, v. L.E.S. SUBSURFACE PLUMBING COMPANY, INC., et al., Respondents.

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

Decided November 30, 1999.


The motion court erred in finding that defendant plumbing subcontractors were protected from subrogation in excess of their insured property interest under the builder's risk policy and that said policy's subrogation waiver endorsement was a self-executing waiver. This action, brought by the subrogorbuilder's risk insurer seeking to hold defendants liable for damages of $1,284,902.12, less a $25,000 deductible, alleged to have been negligently caused by a burst water pipe...

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