TOWER RISK MANAGEMENT v. NI CHUNP HU

5141, 107495/08.

84 A.D.3d 616 (2011)

922 N.Y.S.2d 780

TOWER RISK MANAGEMENT, Individually and on Behalf of CASTLE POINT INSURANCE COMPANY as Subrogee of GILA BITCHATCHO, et al., Respondents, v. NI CHUNP HU, Appellant.

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

Decided May 19, 2011.


The lease agreement between defendant and Gila Bitchatcho contained a waiver of subrogation clause, conditioned solely upon there being in each of defendant's and Bitchatcho's insurance policies a clause permitting a waiver of subrogation. It is undisputed that each policy contained such a clause. Plaintiffs argue that the clause in defendant's policy permitted only a limited waiver of subrogation, which did not satisfy the lease condition. However, the Court of Appeals rejected...

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