American Family Mutual Insurance v. Northern Heritage Builders 

Court properly dismissed insurer's suit in equitable subrogation action against builder and architect for water damage to insured's residence, as its homeowner's policy contains express provision for subrogation, and contract terms, rather than common law or equitable principles control. Insurer failed to perfect its rights of subrogation under the terms of the policy by failing to have insured assign his rights of recovery to insurer. (HALL and LAMPKIN, concurring.)