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GRAY INS. CO. v. OLD TYME BUILDERS, INC.

No. 2003 CA 1136.

878 So.2d 603 (2004)

The GRAY INSURANCE COMPANY v. OLD TYME BUILDERS, INC. and Zurich Insurance Companies

Court of Appeal of Louisiana, First Circuit.

Writ Denied June 18, 2004.

Attorney(s) appearing for the Case

Robert L. Baudouin, Metairie, Counsel for Plaintiff/Appellant The Gray Insurance Company.

Andrew A. Braun, Michelle L. Corrigan, New Orleans, Counsel for Defendants/Appellees Old Tyme Builders, Inc.

Terrence L. Brennan, Keith J. Bergeron, New Orleans, Counsel for Third-Party Defendant/Appellee Morton Verges Architects.

Temple A. Stephens, Metairie, Counsel for Defendant/Appellee Assurance Company of America.

Before: PETTIGREW, DOWNING, and McCLENDON, JJ.

MCCLENDON, J.

In this construction case, the issue raised on appeal is whether a general contractor's liability insurer is prohibited from seeking reimbursement from the general contractor's subcontractor for damages paid due to the subcontractor's alleged faulty workmanship and/or negligence. The trial court found that the existence of a waiver of subrogation clause in the contract between the general contractor and the building owner acts to preclude recovery

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