Amica Mutual Insurance Company v. Andrew Muldowney

Summary

The court held that a landlord's insurer may pursue equitable subrogation against a tenant even when the lease does not expressly mention subrogation. The lease sufficiently overcame the presumption against subrogation because it allocated responsibility for tenant-caused damage and required the tenants to obtain liability and property-damage insurance for the mutual benefit of the landlord and tenants. The court therefore affirmed the judgment awarding the insurer the amounts it paid for property damage and lost rent.