OneBeacon Ins. Co. v. Pankow Residential Builders
An insurance company issued a liability policy to the owner of a building. While the building was being remodeled by a construction company, a passerby was injured due to the construction company's negligence. The insurance company paid the proceeds of the liability policy to the passerby, and then filed the action from which this appeal arose, seeking subrogation against the construction company.
The trial court found that the construction company was an additional insured under an endorsement to the building owner's policy. The court also declined to reform the policy in that regard on the basis of the insurance company's contention that the construction company was included on the endorsement by mistake. Accordingly, the court concluded that the insurance company was not entitled to subrogation against the construction company. Court affirm.
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