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Arch Insurance Co. v. Soprema, Inc.

Court: Tx 5-Dallas  02/24/2022  Court Finds Waiver of Subrogation Clause Triggered By CGL Insurer's Payment

The Court rejected the argument by the commercial general liability insurer that its payment did not trigger a waiver of subrogation clause because the clause provided that its insured general contractor waived its claims against its subcontractor only if a claim was paid by "property insurance....applicable to the work" and this was intended to reference a separate builder's risk policy and did not include the CGL policy that paid the claim.

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