Attorneys successfully moved to dismiss on the pleadings a complaint against their client condominium owner
Attorneys successfully moved to dismiss on the pleadings a complaint against their client condominium owner. There was a fire in the client's unit which damaged the plaintiff's adjoining unit, who sued to recover for the loss of personal property above her insurance limit. The Condo Association's By-Laws contain a waiver of subrogation provision which the attorneys' successfully argued, prohibits litigation between unit owners for the loss of personal property. In the state there is one reported case in which the court dismissed a complaint based on waiver of subrogation language in an association's by-laws. The case stated a ruling is limited to insured losses. Relying on that case, and noting that the condominium by-laws did not contain any limited language, such as "to the extent covered by property insurance," the Court determined that the waiver also applies to uninsured losses, and accordingly dismissed the complaint.