Cokinos Attorneys Karen Landinger, Roland Gonzales, Javier Duran, and Kyle Zunker secured a significant appellate ruling last week that will have far-reaching benefits for contractors in Texas. In its memorandum opinion, the Thirteenth Court of Appeals ruled that a trial court abused its discretion by refusing to compel Nationwide to arbitration with a Roofing Company even though Nationwide did not sign an arbitration agreement. In its opinion, the Court ruled that because Nationwide was seeking subrogation, it stepped into the shoes of the insured and was thus limited and bound to the rights of the insured which included arbitration. The ruling was the second favorable appellate ruling in the case after the Cokinos team obtained mandamus relief compelling the trial court to rule on the Roofing Company’s motion to compel arbitration. In re Roland’s Roofing Co., Inc., 13-19-00469-CV, 2019 WL 5444399 (Tex. App.—Corpus Christi Oct. 23, 2019, no pet.).
Full text of the Court’s opinion can be found at Roland’s Roofing Co., Inc. v. Nationwide Mut. Ins. Co., 13-19-00580-CV, 2020 WL 3478658, at *1 (Tex. App.—Corpus Christi June 25, 2020, no pet. h.)
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