Stutman Law convinces court that Waiver of Subrogation doesn’t apply and obtains $1.5 million recovery


A roofer using a torch decided that gasoline makes a good solvent to clean rubber roofing materials before sealing it with heat. The results of this decision were catastrophic. The roofer’s insurer defended the case on the basis of a Waiver of Subrogation in a construction contract entered into between the roofer and the building owner. Stutman Law argued that the repair that the roofer was making when he started the fire was not within the scope of the construction project, which involved a different part of the building and, therefore, the contract and the Waiver of Subrogation contained within the contract did not apply. The roofer’s insurer litigated the case aggressively and filed a summary judgment motion. When they lost the motion, they paid Stutman Law’s client $1.5 million.

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