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Frymire Engineering Company, Inc. v. Jomar International, Ltd.

The doctrine of subrogation applies to a subcontractor seeking to recoup contractual payments from alleged third-party tortfeasors. Texas Supreme Court, No. 06-0755.

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Argued December 4, 2007

JUSTICE WILLETT delivered the opinion of the Court.

Over a century ago, we declared that “the courts of no state have gone further” than Texas “in applying the doctrine of subrogation” because “our decisions recognize the doctrine . . . to its fullest extent.”*fn1 Today’s case requires us to decide whether this doctrine applies to a subcontractor seeking to recoup contractual payments from alleged third-party tortfeasors. We hold that it does, provided the traditional requirements of subrogation are satisfied. Accordingly, we reverse the court of appeals’ judgment and remand to that court for further proceedings.

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