McBroome-Bennett Plumbing, Inc. v. Villa France, Inc.

*35CLAUDE WILLIAMS, Chief Justice.

This is a case of first impression in Texas involving the subrogation rights of a builder’s-risk insurer against a negligent subcontractor of the named insured.

On August 28, 1970 Westchester Fire Insurance Company issued its builder’s risk insurance policy to Villa France, Inc., the owner-general contractor of an apartment house under construction. Nearly a month later Villa France entered into a subcontract with McBroome-Bennett Plumbing, Inc. for certain plumbing work to be done on the apartment project. On March 8, 1971 while McBroome-Bennett Plumbing, Inc.…