01-15-09 Skulskie v. Ceponis A-2397-07T1
In this subrogation matter, we reviewed the enforceability of a waiver of subrogation provision in a homeowner's policy in
the residential condominium context. The by-laws of the condominium association required the association to obtain
property and casualty insurance and further provided that the coverage must contain a waiver of subrogation. The by-laws also
provided that unit owners could, but were not obliged to, obtain coverage to insure their interests, but any insurance must
contain a waiver of subrogation. We enforced the waiver of subrogation in an action commenced by the insurer of an insured
condominium unit owner against an uninsured unit owner and affirmed the summary judgment entered in favor of the uninsured
unit owner.
