Caution to home sellers who allow purchasers to move in early. Supremes agree that seller bears risk of loss until closing unless the parties specifically agree to the contrary; in this case a requirement that the purchaser moving in early should reimburse the seller for damage did not ovverride specific agreement that the seller would maintain fire insurance on property until closing.Seller may not pursue equitable subrogation action against prospective purchaser Hans v. Lucas, 270 Neb. 421 Filed September 23, 2005. No. S-04-1179. Seller of home, Jayme Hans, brought equitable subrogation action against the buyer of a home, Penny Lucas. The action was filed as a result of damage sustained to the home in a fire. At the time of the fire, Hans and Lucas had entered into a purchase agreement, but closing had not yet occurred. The purchase agreement contained provisions permitting Lucas to reside in the home pending closing. Hans alleged that Lucas’ conduct caused the fire and damages. The legal issue, presented to the district court upon both parties’ filing motions for summary judgment and agreeing to a stipulation of facts, was whether Hans could maintain a subrogation action against Lucas given the relationship between Hans and Lucas created by the purchase agreement. The district court determined that Hans bore the risk of loss under the purchase agreement and was therefore precluded from seeking subrogation against Lucas. Upon the court’s dismissal of Hans’ motion for summary judgment and granting of Lucas’ motion for summary judgment, Hans appeals.The Supreme Court affirms the District court's summary judgment. "Lucas contractually agreed to bear the risk of fire, noting that in the addendum, Lucas agreed to accept liability for any damages over and above normal wear and tear. However, we agree with the district court that this provision was not an agreement to bear the risk of damages caused by fire. First, as the district court noted, the addendum also stated that Hans’ reimbursement for such damages would be deducted from the earnest money deposit, refuting any purported intent to hold Lucas liable for material damages caused by fire. Second, Hans’ argument is inconsistent with her specific agreement to carry fire insurance. See Krzycki v. Genoa Nat. Bank, 242 Neb. 819, 496 N.W.2d 916 (1993) (specific contractual provisions control over related general provisions)."" Applying the reasoning in Midwest Lumber Co. v. Dwight E. Nelson Constr. Co., 188 Neb. 308, 196 N.W.2d 377 (1972), we determine that because Hans contractually assumed Lucas’ risk of loss by fire, Lucas was an implied coinsured for the limited purpose of defeating Hans’ subrogation claim. See Employers Reins. Corp. v. Santee Pub. Sch. Dist. No. C-5, 231 Neb. 744, 438 N.W.2d 124 (1989) Although an insurance company has the right to recover against a wrongdoer whose conduct has subjected the insurance company to liability, no right of subrogation can arise in favor of an insurer against its own insured. Jindra v. Clayton, 247 Neb. 597, 529 N.W.2d 523 (1995)."