A third party brought a summary judgment motion seeking dismissal of a third party claim brought by a defendant in a construction-related subrogated action following flood damage to a property.
The defendant relied on contractual indemnity provisions to shift liability to the third party.
The court held that the anti-subrogation rule did not bar the third party claim because the defendant was not an insured under the builder’s risk policy.
However, the contractual provisions relied upon did not clearly indemnify the defendant for its own negligence, which must be expressed in the clearest terms.
The third party claim was therefore dismissed on summary judgment.
