The plaintiff, a contractor, appeals a take-nothing judgment on its claim that its subcontractor breached the subcontract by not obtaining additional insured coverage. Because there was no evidence that the contractor intentionally relinquished a known right, the trial court erred by submitting the waiver instruction to the jury. The trial court's inclusion of a valid theory of liability and an improperly-included affirmative defense instruction in the same question with only one answer blank created the type of confusion that the Casteel presumed-harm analysis was designed to address. The trial court's judgment is reversed and remanded in part, and affirmed in part. Corpus Christi Court of Appeals, No. 13-11-00005-CV, 07-25-2013.
Brannan Paving GP, LLC v. Pavement Markings, Inc.
Tex. App. Dist. 13
August 9, 2013