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Fifth Circuit Addresses A Complicated Cargo Dispute, Resulting In A Victory For Vessel-Operating Common Carriers

In GIC Services, L.L.C. v. Freightplus USA, Inc., No. 15-3097 (5th Cir. Aug. 8, 2017), the United States Fifth Circuit Court of Appeals held that an ocean carrier stiffed by an intermediary in a freight transaction may recover unpaid freight from the original NVOCC who arranged the cargo transportation unless the evidence clearly shows the … Continue Reading

United States Fifth Circuit Confirms Remedies Available to Subrogated Insurer

On July 7, 2017, the United States Fifth Circuit Court of Appeal, in Associated International Insurance Company v. Scottsdale Insurance Company, held that, under Texas law, the subrogation clause of an insurance agreement allowed a subrogated insurer to seek reformation of a contract between its insured and a third party.  In that appeal, the defendant’s … Continue Reading

Louisiana Flooding – Legal Update

The Liskow & Lewis family stands by our friends and neighbors throughout the unprecedented flooding in our community. As we begin the long process of recovery, here is a brief legal update on the response of various courts and state agencies: State courts: Governor John Bel Edwards has issued an executive order which purports to suspend … Continue Reading

The Fifth Circuit Further Clarifies Service Contract and Insurance Interplay Under Texas Law

Ironshore Specialty Insurance Co. v. Aspen Underwriting Ltd. et al., No. 13-51027 (5th Cir. June 10, 2015) In March 2013, the federal Fifth Circuit ruled in the Deepwater Horizon litigation, under Texas law, that the scope of additional insured coverage was to be determined based only upon the four corners of the policy and that … Continue Reading

A premises owner can still be a statutory employer in Texas, at least for now

 By Andrew Wooley: The Supreme Court of Texas issued a decision on rehearing in Entergy Gulf States, Inc. v. Summers April 3, 2009. The court’s original unanimous decision in August 2007 that a Texas premises owner can be a statutory employer for workers’ compensation purposes produced a great deal of political heat and a flurry of … Continue Reading

Noble Energy, Inc. v. Bituminous Cas. Co

By Tiffany Delery Davis In Noble Energy, Inc. v. Bituminous Cas. Co., No. 07-20354, 2008 WL 2232085 (5th Cir. 2008), the Fifth Circuit affirmed summary judgment in favor of the defendant, Bituminous Casualty Company, in an insurance coverage dispute concerning whether Bituminous had a duty to defend and indemnify plaintiff, Noble Energy, Inc., in connection … Continue Reading

Punitive damages for gross negligence are insurable under Texas Law

By Kevin Connolly On certified question from the Fifth Circuit Court of Appeals, the Texas Supreme Court, in Fairfield Insurance Company v. Stephens Martin Paving, LP, 2008 WL 400397, *1 (Tex. 2008), addressed the issue of whether Texas public policy prohibits a “liability insurance provider from indemnifying an award for punitive damages imposed on its insured … Continue Reading

Insurance Company House Counsel May Defend Insureds

By Andrew Wooley In an opinion filed today in the matter of Unauthorized Practice of Law Committee vs. American Home Assurance Co., the Supreme Court of Texas has authorized liability insurers to use in-house staff attorneys to defend their Texas insureds, so long as there is no conflict of interest between the insurer’s and the … Continue Reading

Texas Supreme Court decides Superior Snubbing – upholds effect of indemnity provisions in Master Service Agreement

By Andrew Wooley: Supreme Court of Texas decides Superior Snubbing: In a case of substantial importance to the energy industry, the Supreme Court of Texas held that an oilfield service contractor sued by an injured employee of another contractor is entitled to enforce the indemnity provision in a Master Service Agreement between the operator and the … Continue Reading

The OCSLA Does Not Provide Federal Jurisdiction for Insurance Disputes

The Eastern District of Louisiana recently held that insurance claims for damage to a Gulf of Mexico production facility will not support federal court jurisdiction under the Outer Continental Shelf Lands Act.  Accordingly, the district court remanded the case of LLOG Exploration Co. v. Certain Underwriters at Lloyd’s, 2007 WL 854307 (E.D. La. 3/16/07), to state … Continue Reading

Additional Insured Cannot Rely On Certificate of Insurance

Contributed by  Andrew Wooley In Via Net v. TIG Insurance Co., the Supreme Court of Texas recently concluded it was not reasonable for a party to believe it was an additional insured under another party’s commercial general liability policy, based only on a certificate of insurance provided by the other party’s insurance broker. After noting that … Continue Reading
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