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Exxon Mobil Corp. v. The Insurance Co. of the State of Pennsylvania

Court: Tx Sup  02/15/2019  Supreme Court of Texas Reverses and Remands Workers' Compensation Waiver of Subrogation Dispute

The Court found that the standard "waiver of subrogation" endorsement refers to an extrinsic contract only to identify who may claim that subrogation was waived and what operations, but it did not refer to any other contractual limitations, including a limitation that any procured waiver was "to the extent liabilities are assumed."

workers' compensation insurance policy, right of recoupment, subrogation waiver, extrinsic contract, contractual limitations

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