Fed. Ins. Co. v. Commerce Ins. Co.
Fed. Ins....(U.S. 1st Cir., Contracts, Insurance Law, Landlord Tenant Law, Property Law & Real Estate) In plaintiff-insurance company’s subrogation claim, district court’s grant of summary judgment in favor of defendants in concluding that the implied coinsured doctrine controlled the outcome in this case and precluded the plaintiff from pursuing a subrogation claim is affirmed as plaintiff has not met its burden of proving that the “Responsibility for Damages” provision of a Residence and Care Agreement (RCA) overcomes the presumption that the landlord’s insurance is held for the mutual benefit of both parties.
