Can a landlord's insurer subrogate against a negligent
tenant in Indiana? Before answering, be sure you are aware of
recent caselaw in Indiana on the issue. Indiana Courts have
addressed this issue two times, and their recent decision confirms
that courts in Indiana are to look at the individual facts of the
case and the specific lease provisions for guidance rather than
adopting any broad sweeping rule.
When pursuing subrogation against a negligent tenant, other
jurisdictions have adopted one of three approaches. These
include (1) the anti-subrogation approach, which, absent an express
agreement, a landlord's insurer is precluded from filing a
subrogation action against a negligent tenant because the tenant is
held to be a co-insured along with the landlord under the
landlord's policy. This approach is also referred to as
the implied co-insured doctrine; (2) the pro-subrogation approach,
in which subrogation actions by landlords against negligent tenants
are
