Facts: A kitchen fire in a strata property was started unintentionally by John Schappert, an Airbnb renter.
Issue: The court examined whether insurers of the strata corporation could pursue a subrogated claim against Schappert.
Court's Ruling: Schappert was considered an "insured" under the strata’s policy, preventing the insurers from pursuing the claim due to the "no subrogation" rule. However, the strata's covenant to insure and waiver of liability did not protect Schappert.
Costs Awarded: Schappert was awarded costs of the proceedings at Scale B.
