In the context of a landlord-tenant relationship, a landlord’s insurer’s right to subrogate against a tenant in Minnesota has evolved over time. What began as an anti-landlord tenant subrogation state has now evolved to a reasonable, contextual analysis of the applicable lease and relevant equities. About The Authors

For many years sage advice from legal counsel, consumer advocates, and friends has been to “get it in writing.” In subrogation cases, what is “in writing” can have a substantial effect on the viability of recovery. In many subrogation cases, the recovery specialist is confronted with one or more “writings,” including a lease, rental agreement,...

Michigan appeared to join those states barring a landlord’s subrogee from suing a tenant in the case of New Hampshire Insurance Group v. Labombard, 155 Mich. App 369, 375 (1986). There, the court held that a tenant is an implied co-insured in every lease, unless “expressly and unequivocal’ stated otherwise. But recent decisions give a...