Stutman Law

Nationwide Recoveries

Stutman Law Avoids Waiver of Subrogation 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 our client’s subrogation claim 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 roofer had started the fire while performing work that was outside the scope of the construction contract, which involved a different part of the building, and therefore the contract’s waiver of subrogation did not apply. The roofer’s insurer litigated the case aggressively and filed a summary judgment motion. After losing the motion, the defendant’s insurer settled the suit for $1.5 million.