New York Court of Appeals
S.s.d.w. Co. v. Brisk Waterproofing Company, Inc., and Third-Party Plaintiff-Appellant Coyne Electrical Contractors…
June 12, 199076 N.Y.2d 228
Summary
The Court affirmed the Appellate Division, holding that the subrogation waiver clause in the AIA contract bars the insurer’s subrogation claim only for damage to the Work defined in the contract, so the insurer may recover for damage to non‑Work areas. The decision rests on a plain‑meaning construction of the waiver provision and distinguishes Trump‑Equitable.