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Negligence › Co-Insured Issues

Rivkin Radler LLP

August 2025 Insurance Update

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“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may...more

White and Williams LLP

Wyoming Supreme Court Picks a Side After Reviewing the Sutton Rule

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In a matter of first impression, the Supreme Court of Wyoming (Supreme Court), in West American Insurance Company v. Black Dog Consulting Inc., No. S-23-0052, 2023 WY 109, 2023 Wyo. LEXIS 111, examined whether a landlord’s...more

White and Williams LLP

New Hampshire Applies Crete/Sutton Doctrine to Bar Subrogation Against College Dormitory Residents

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Pursuant to the Sutton Doctrine, first announced in Sutton v. Jondahl, 532 P.2d 478 (Okla. Ct. App. 1975), some jurisdictions consider a tenant a coinsured of its landlord absent an express agreement to the contrary. In Ro v....more

Butler Weihmuller Katz Craig LLP

New Hampshire Confirms Sutton Doctrine Applies To College Dormitories

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The determination of whether a tenant is also a coinsured under the landlord’s policy ultimately comes down to the language in the lease and relationship between the parties. In the absence of specific language or a unique...more

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