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Lloyd’s Syndicate 457 v. FloaTEC, LLC

Court: 5th Cir  04/17/2019  Fifth Circuit Affirms Dimissal of Insurer's Subrogation Action, Finding Subrogation was Waived in the Policy at Issue

The Fifth Circuit agreed with the district court's decision to analyze first whether the insurer had waived subrogation against the potentially responsible third party, which the court found qualified as an "Other Assured" under that policy, before considering whether the claims should have been sent to arbitration.

offshore construction risk policy, subrogation, waiver of subrogation, arbitration provision, arbitrability, "Other Assureds"

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