The Court rejected the argument by the commercial general liability insurer that its payment did not trigger a waiver of subrogation clause because the clause provided that its insured general contractor waived its claims against its subcontractor only if a claim was paid by "property insurance....applicable to the work" and this was intended to reference a separate builder's risk policy and did not include the CGL policy that paid the claim.
Reviewing the Case Document is for members only. Please login