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AUSTIN, Texas - After determining that homeowners alleging that construction defects in their house resulted in mold contamination received insurance coverage in excess of the damages that a jury had found that they incurred, a Texas appeals court on April 17 ruled that the insurer is entitled to subrogation against any remaining settlement funds (Dr. Phillip Osborne and Deborah Osborne, et al. v. Jauregui, Inc., No. 03-04-00813-CV, Texas App., 3rd Dist.; 2008 Tex. App. LEXIS 2817).
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