from the Boone Superior Court Trial Court Cause No.
06D01-1704-CT-416 The Honorable Matthew C. Kincaid, Judge
Attorney for Appellant Kevin L. Moyer Moyer Law Firm, P.C.
Attorney for Appellee Richard K. Milam Lebanon, Indiana
Hoosier Insurance Company ("Hoosier") appeals the
trial court's order of dismissal entered in favor of
Nicole R. Riggs and Michael J. Riggs ("the
Riggses"). We reverse and remand with instructions.
The sole issue before us is whether the trial court erred in
dismissing Hoosier's subrogation claim because Hoosier
was not a real party in interest for purposes of pursuing a
breach of contract claim against the Riggses.
During the relevant period, Frank and Leah Harker ("the
Harkers") owned real property ("the Premises")
in Lebanon. The Premises were insured under an insurance
policy underwritten by Hoosier. In June 2013, the Harkers
leased the Premises to the Riggses pursuant to a written
agreement ("Lease"). Dustin Blevins also resided on
the Premises during the Riggses' lease term. On April 22,
2015, the Premises sustained $42, 497.27 in fire damage after
Blevins allegedly left burning incense unattended. The Lease
provided, in part, as follows:
5. Use and Occupancy. [The Riggses] shall use the Leased
Premises only for residential purposes and shall comply with
all federal, state and local laws and ordinances. [The
Riggses] shall commit no waste thereon, and shall deliver the
premises to [the Harkers] at the end of the lease term in as
good of condition as when the lease commenced, normal wear
and tear excepted. . . .
* * * * *
7. Insurance. [The Riggses are] responsible for obtaining
fire and extended coverage, including public liability[ ]
insurance with [the Harkers] to be listed as an additional
insured under the policy. [The Riggses] shall also be
responsible for renter's coverage on [the Riggses']
own personal property located on the Leased Premises. [The
Riggses] shall indemnify and hold [the Harkers] harmless from
all claims of thi9rd [sic] parties for bodily injury,
property damage or death arising from [the Riggses'] use
or occupancy of the Leased Premises.
App. Vol. II pp. 9-10. After the fire, Hoosier paid $42,
497.27 to or on behalf of the Harkers for ...