Admiral Indemnity Co., a/s/o Lenox Condominium v. Timothy Johnson
The Appellate Division of the Supreme Court of the State of New York dismissed the complaint in a carrier’s subrogation action against a condominium unit holder due to unambiguous language contained in the insurance policy between the plaintiff, Admiral Indemnity Co., and condo-association subrogor Lenox Condominium. The language contained in the policy provided that Admiral had waived “rights to recover payment from any unit-owner of the condominium that is shown in the Declarations.” Listed in the Declarations was the condominium association itself, of which the defendant was a unit holder. The court ruled that this language constituted an unambiguous waiver of Admiral’s subrogation rights to recover from a unit holder, and subsequently threw out the complaint.