Allstate Insurance Company v. Stephen Palumbo — Zarella, J., dissenting

Summary

Justice Zarella, dissenting, would have affirmed the Appellate Court and allowed Allstate to pursue equitable subrogation against Palumbo for negligently causing the fire. The dissent reasoned that Palumbo was not a named insured, the policy expressly contemplated recovery from responsible third parties, economic waste was not implicated in a single-residence setting, and the equities favored holding the negligent tortfeasor responsible. Chief Justice Rogers, concurring, agreed that the trial court failed to balance the equities but would have remanded for the trial court to exercise its equitable discretion.