Construction of the new University of Texas Golf Clubhouse was almost complete on the day after Christmas 2008 when it suddenly burst into flames and burned to the ground. One of the Golf Club’s insurers brought a subrogation suit for hundreds of thousands of dollars against our client, the roofer, alleging that the careless use of a blow torch in high winds caused the conflagration. On behalf of the roofer we filed a motion for summary judgment, which politely but cogently pointed out that the general contract contained an enforceable waiver of subrogation clause. The Golf Club’s petulant insurer, who insured against the club’s business interruption damages, vehemently denied that the waiver was enforceable and glibly argued that the waiver only waived property damage subrogation claims and not business interruption subrogation claims. We serenely replied that that is a distinction without a difference. The court readily agreed, granted our client a full summary judgment, and snuffed out the claim. The Golf Club’s insurer, now more petulant than ever, has vowed to appeal. David Chamberlain and Cathy Kyle handled the case for the roofer and have vowed to smother that appeal. The University of Texas Golf Club v Barker Roofing Co, (Travis County Texas 2010).
Texas Lawyers, Austin & San Antonio