SFI LTD. PARTNERSHIP 8 v. CARROLL

No. S-13-192.

851 N.W.2d 82 (2014)

288 Neb. 698

SFI LTD. PARTNERSHIP 8, a Nebraska limited partnership, appellant, v. Michelle CARROLL, appellee.

Supreme Court of Nebraska.

Filed August 1, 2014.


Attorney(s) appearing for the Case

Jeffrey A. Silver for appellant.

Todd R. McWha , Angela M. Franz , and Patrick Heng , of Waite, McWha & Heng, for appellee.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.


Cassel, J.

I. INTRODUCTION

In previous cases, we have applied an antisubrogation rule to prohibit a landlord's insurer from seeking reimbursement from the tenant of fire losses paid by insurance. In this appeal, we decline to extend the antisubrogation rule to a landlord's uninsured losses allegedly caused by its tenant's negligence. We therefore reverse the district court's summary judgment in favor of the tenant. But because the tenant has not been determined...

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