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Recently, two more jurisdictions have weighed in on the issue of subrogation involving landlords and tenants. Nebraska reinforced and adopted the Sutton doctrine as applied to residential tenancies. That doctrine holds that a residential tenant is an implied coinsured under the landlord’s policy in the absence of an express provision to the contrary, and bars subrogation by the landlord’s insurer (Sutton v. Jondahl, 532 P.2d 478 [Okla. App. 1975]). In a similar case, an Oregon court did not expressly reject the Sutton rule, but clearly was unwilling to apply a per se rule barring subrogation.

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