The justices of the Supreme Court of Delaware ruled against an insurer that was seeking subrogation for repair costs due to water damage occasioned by a drone being flown in an apartment building. The case is Donegal Mut. Ins. Co. v. Thangavel, 2023 Del. LEXIS 227 (Del. 2023). Please note that this opinion has not been released for publication in permanent law reports and is subject to revision or withdrawal. It may have limited precedential value in your jurisdiction. 

Sathiyaselvam Thangavel and Sasikala Muthusamy were co-tenants leasing an apartment from Seaford Apartment Ventures, LLC. The fire sprinkler in their apartment caused water damage after it was allegedly hit by a drone being flown indoors. Seaford Apartment Ventures filed a claim with Donegal, who paid nearly $78,000 for repairs. After paying Seaford's claim, Donegal pursued negligence and breach of property rules claims against Thangavel and Muthusamy. 

The Seaford lease agreement included a clause that stated the tenants agreed to "be responsible for all damages accidentally, maliciously, intentionally, or negligently caused by the tenant, tenant's family, guests or invitees to any of the property of the landlord." (Emphasis added). According to Donegal's complaint, this clause was evidence of the tenants' agreement to be responsible for the water damage because the damages resulted from their alleged negligence in flying a drone in the apartment.