Rocky Heights v. Biber, 2019 ONSC 3593

The plaintiff’s insurer paid for a fire loss under the property section of an insurance policy issued to the plaintiff. The insurer then sought to sue the tenant that caused the fire; however the tenant defendant was an insured under the CGL portion of the same policy, as she was an officer of the plaintiff corporation. The property policy contained a waiver of subrogation against any insureds. The court held that the waiver of subrogation clause barred the subrogated claim, and dismissed the action.