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DONEGAL MUT. INS. CO. v. THANGAVEL

No. 379, 2022.

301 A.3d 1186 (2023)

DONEGAL MUTUAL INSURANCE COMPANY a/s/o Seaford Apartment Ventures LLC t/a the Villages of Stoney Brook Apartments, Plaintiff Below, Appellant, v. Sathiyaselvam THANGAVEL and Sasikala Muthusamy, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: July 18, 2023.

Attorney(s) appearing for the Case

Jennifer A. Sutton, Esquire , MARGOLIS EDELSTEIN, Wilmington, Delaware, for Plaintiff Below, Appellant Donegal Mutual Insurance Company.

Wade A. Adams, III, Esquire , Marissa D. White, Esquire , LAW OFFICES OF WADE A. ADAMS, III, Newark, Delaware, for Defendants Below, Appellees Sathiyaselvam Thangavel and Sasikala Muthusamy.

Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.

Under the Sutton rule, landlords and tenants are co-insureds under the landlord's fire insurance policy unless a tenant's lease clearly expresses an intent to the contrary.1 If the Sutton rule applies, the landlord's insurer cannot pursue the tenant for the landlord's damages by way...

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