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GREAT AMERICAN INS. v. WESTERN STATES FIRE PROTEC.

No. CIV 08-0828 JB/RHS.

730 F.Supp.2d 1308 (2009)

GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, as subrogee of Britton Construction Ins., Plaintiff, v. WESTERN STATES FIRE PROTECTION CO., Defendant.

United States District Court, D. New Mexico.

June 10, 2009.

Attorney(s) appearing for the Case

Ada B. Priest , Madison Harbor & Moz, PA, Albuquerque, NM, Stephen B. Fisher , Kevin M. Phillips , Fisher Canaries, PC, Chicago, IL, for Plaintiff.

Charles A. Pharris , Cassandra Malone , Kelleher & MaCleod, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Motion for Summary Judgment and Memorandum of Law, filed February 20, 2009 (Doc. 23). The Court held a hearing on May 15, 2009. The primary issue is whether the subrogation waiver in the contract between owner University of New Mexico ("UNM") and general contractor Britton Construction Co. ("Britton") precludes Plaintiff...

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