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Chubb Lloyds Insurance Co. of Texas v. Buster & Cogdell Builders, LLC

Court: Tx 1-Houston  02/02/2023  Insurer Waived Its Subrogation Rights to Damages Arising Out of House Fire

The court rejected the insurer's contention that the waiver of subrogation contained in the construction contract between its insureds and a general contractor did not apply as one of the two insured homeowners had not actually executed the operative contract because the contract did not require that the signatures be notarized and further the parties, including the insured who had not signed the contract, had performed under the contract manifesting an assent to its terms.

homeowners insurance, subrogation, may waive in writing, waiver provision, contractual subrogation right, equitable subrogation right, unsworn signature, assent by conduct,

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