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STATE OF MINNESOTA IN COURT OF APPEALS A10-2146 RAM Mutual Insurance Company, Appellant, vs. Rusty Rohde d/b/a Studio 71 Salon, Respondent. Filed August 15, 2011 Affirmed Willis, Judge* Stearns County District Court File No. 73-CV-10-3534

Kirby Dahl, John J. Neal, Willenbring, Dahl, Wocken & Zimmermann, PLLC, Cold Spring, Minnesota (for appellant) Matthew W. Moehrle, Rajkowski Hansmeier Ltd., St. Cloud, Minnesota (for respondent) Considered and decided by Wright, Presiding Judge; Schellhas, Judge; and Willis, Judge. SYLLABUS An insurer cannot maintain a subrogation action against a tenant of its insured who negligently causes water damage, absent an express agreement requiring the tenant to carry first-party, property-damage insurance.

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Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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Minnesota Law