law-subrogation claims |
LITIGATION OF SUBROGATION CLAIMS - CASES FROM HOUSTON COAs
Warwick Towers Council of Co-Owners v. Park Warwick, LP (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)
(Boyce)(opinion on remand) (water damage, subrogation claim, trespass)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Boyce
Before Justices Anderson, Guzman and Boyce
14-05-00254-CV Warwick Towers Council of Co-Owners, by and through St. Paul Fire & Marine Insurance
Company v. Park Warwick, L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C.
Appeal from 113th District Court of Harris County
Geico’s subrogation claim was subject to the two-year statute of limitations. See Tex. Civ. Prac. & Rem. Code
Ann. § 16.003 (Vernon 2002) (stating two-year statute of limitations for property-damage tort claims); Brown v.
Zimmerman, 160 S.W.3d 695, 700 (Tex. App.—Dallas 2005, no pet.) (“There is no specific statute of limitations
for subrogation actions. Instead, these actions generally are subject to the same statute which would apply had
the action been brought by the subrogee.”). At trial, Geico presented detailed evidence about its efforts to
serve Lawrence. Lawrence v. Geico (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Sharp)
(car wreck, subrogation claim in car collision, SoL, diligence in procuring service on defendant, admission of
evidence, police report, requirements for proper evidentiary objection, specificity, hearsay objection)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp
Before Justices Taft, Bland and Sharp
01-07-00873-CV Jonathan A. Lawrence v. Geico General Insurance Company, as Subrogee
Appeal from the 405th District Court of Galveston County
Trial Court Judge: Hon. Wayne J. Mallia
Shipley Brothers, Ltd v. Republic National Bank (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Jennings)
(conversion, theft, and fraud, Texas Theft Liability Act, election of remedies doctrine, remittitur of the exemplary
damages)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Before Judge Wilson, Justices Jennings and Bland. Opinion by Justice Terry Jennings
01-07-00911-CV Shipley Brothers, Ltd., Shipley Brothers, Inc., Lone Star Investments, Kenneth Shipley and
Calvin Junek, Jr. v. Republic National Bank and Robert F. Larson
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd
Concurring and Dissenting Opinion by Justice Bland (subrogation, double recovery, election of remedies)
Maryland Casualty Co. v. American Home Assurance Co (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Subst.
opinion by Jennings) (insurance law, subrogation, additional insured)(Maryland established that it had been
prejudiced as a matter of law by NES's policy violations)(Mid-Continent Insurance Co. v. Liberty Mutual
Insurance Co., cited, 236 S.W.3d 765 (Tex. 2007).
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings
Before Justices Taft, Jennings and Bland
01-07-00711-CV Maryland Casualty Company v. American Home Assurance Company and Illinois National
Insurance Company, as Subrogees of National Equipment Services, Inc.
Appeal from 113th District Court of Harris County
Trial Court Judge: Hon. Patricia Hancock
Metro v. Harris County (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) (workers comp subrogation)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Justices Fowler, Frost and Seymore
14-06-00513-CV Metropolitan Transport Authority [METRO] v. Harris County, Texas
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: R. Jack Cagle
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