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TRINITY UNIVERSAL INS. v. BILL COX CONST.

No. 04-00-00554-CV.

75 S.W.3d 6 (2001)

TRINITY UNIVERSAL INSURANCE COMPANY, Appellant, v. BILL COX CONSTRUCTION, INC. and Robert Diaz de Leon, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled January 23, 2002.

Attorney(s) appearing for the Case

Daniel C. Andrews, Jones, Kurth & Andrews, P.C., Judith Ramsey Saldana, Allen, Stein & Durbin, P.C., San Antonio, for appellant.

Michael J. Black, Burns, O'Gorman, McWilliams, Black & Weyand, L.L.C., Daniel Diaz, Jr., Werstein & Associates, San Antonio, for appellees.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, and CATHERINE STONE, Justice.

Opinion by TOM RICKHOFF, Justice.

This is an appeal by Trinity Universal Insurance Company ("Trinity") from a summary judgment rendered in favor of appellees, Bill Cox Constructors, Inc. and Robert Diaz de Leon. The underlying case is a subrogation action arising from a fire at a building owned by Trinity's insured, Dog Team Too, Ltd. ("Dog Team"). We hold that the waiver clause contained in the contract between Dog Team and BCCI bars Trinity's subrogation claim against...

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