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Pacific Indemnity Co. v. Deming

(United States First Circuit) – In a diversity case brought by an insurer seeking to recover damages from defendant as a result of damages defendant caused to a condominium insured by plaintiff, the District Court’s grant of summary judgment in favor of defendant is reversed where: 1) the condominium’s Bylaws’ required waivers of subrogation do not apply to tenants, which defendant was; 2) defendant presented no evidence that the owners of the unit defendant occupied actually waived their insurer’s subrogation rights against tenants; and thus 3) even if the Bylaws did require unit owners to purchase insurance that contains waivers of subrogation as to claims against tenants, plaintiff can pursue its claims against defendant.

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