Gus Sara | White and Williams In Chubb Lloyds Inc. Co. of Tex. v. Buster & Cogdell Builders, LLC, No. 01-21-00503-CV, 2023 Tex. App. LEXIS 676, the Court of Appeals of Texas, First District (Court of Appeals) considered whether the lower court properly dismissed the plaintiff’s subrogation case by enforcing a subrogation waiver in a construction… Continue reading No Signature, No Problem: Texas Court Holds Contractual Subrogation Waiver Still Enforceable
Tag: Subrogation Waiver
Construction Litigation Roundup: “A Sub(ro) Above?”
Daniel Lund III | Phelps Dunbar A sub(ro) above? An insurer seeking to be subrogated to the rights of its insureds against a general contractor was rebuffed by Texas courts based upon a waiver of subrogation in an arguably unsigned contract. The construction project was undertaken pursuant to a written agreement which contained a facially-valid… Continue reading Construction Litigation Roundup: “A Sub(ro) Above?”
Association Construction Contracts – What Are Risks Of That Waiver Of Subrogation Term
Daniel Miske | Husch Blackwell | September 19, 2019 Summary The US Court of Appeals for the 4th Circuit held that a subrogation waiver provision in a construction contract barred an association’s insurance company from seeking to recover from an allegedly negligent contractor. Facts United National Insurance Company v. Peninsula Roofing Company, Inc.: Pelican Beach Condominium… Continue reading Association Construction Contracts – What Are Risks Of That Waiver Of Subrogation Term
Subrogation Waiver in Construction Contract Upheld by Wisconsin Court
Claims Journal | June 21, 2019 A subrogation waiver in a construction contract blocks an insurer’s claim against a contractor whose alleged shoddy construction caused the collapse of a barn that cost more than $600,000 to replace, the Wisconsin Supreme Court ruled in a split decision. The high court, ruling 3-2, found that the subrogation… Continue reading Subrogation Waiver in Construction Contract Upheld by Wisconsin Court