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Zurich American Insurance Co. v. Masterworks Development Co.

Court: Tx 14-Houston  01/12/2023  Insurer Waived Its Jurisdictional Challenge By Filing and Arguing Motion to Dismiss Before Obtaining Ruling on Special Appearance

The court concluded that although the insurer filed its special appearance several days before filing its motion to dismiss and motion to transfer due to forum non conveniens and further made the two motions subject to the special appearance, it waived jurisdiction by arguing the motions and allowing the court to rule on the motions without objection before arguing the special appearance even if the arguments and rulings occurred at the same hearing.

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