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INTERSTATE FIRE INS. CO. v. FIRST TAPE, INC.

No. 01-90-00747-CV.

817 S.W.2d 142 (1991)

INTERSTATE FIRE INSURANCE COMPANY, Appellant, v. FIRST TAPE, INC., f/k/a U.S. Tape, Inc., and First Bag, Inc., f/k/a Plasti-Bag, Inc., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied October 17, 1991.

Attorney(s) appearing for the Case

Douglas A. Shackelford, Jr., Houston, for appellant.

Elena Dilorio, Lance C. Winchester, Eileen O'Neill & Penelope E. Nicholson, Houston, for appellees.

Before MIRABAL, DUGGAN and O'CONNOR, JJ.

OPINION

MIRABAL, Justice.

This is an appeal from a summary judgment in favor of the defendants in a negligence action. The issue presented is whether the former warehouse tenants, who assigned their lease to a new tenant, are insulated from liability for their alleged negligence in causing a fire, by a waiver of subrogation clause in the assigned lease.

The uncontroverted summary judgment evidence establishes the following: Gary Pentecost (Pentecost...

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