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Insurance Litigation Oil & Gas

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

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On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Gray Reed

Marcel Exception to Louisiana Oilfield Anti-Indemnity Act Clarified

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An understanding of Willis v. Barry Graham Oil Service LLC requires knowledge of two principles underlying the Louisiana Anti-Oilfield Indemnity Act: The LOAIA bars an oilfield agreement to the extent that the agreement...more

BakerHostetler

The 5th Circuit’s Second Thoughts on Oilfield Indemnity Limitations

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The Fifth Circuit’s recent opinions in Cimarex Energy Co., et al. v. CP Well Testing, L.L.C. (2022) and Century Surety Co. v. Colgate Operating, L.L.C. (2024) provide divergent interpretations of how the Texas Oilfield...more

Pillsbury - Policyholder Pulse blog

Fifth Circuit Reminds Policyholders to Be “Not Less Than” Careful When Drafting Master Service Agreements

Just as the oilfield fuels the modern economy, master service agreements (MSAs) fuel the modern oilfield. But while almost every MSA contains indemnity and insurance clauses, experienced oilfield lawyers will advise their...more

Zelle  LLP

After Climate Rulings, Insurers May Go On Coverage Offense

Zelle LLP on

Two recently filed lawsuits, Aloha Petroleum Ltd. v. National Union Fire Insurance Co. and Everest Premier Insurance Co. v. Gulf Oil Ltd. Partnership, signal the beginning of litigation over liability insurance coverage for...more

Zelle  LLP

Insurer Implications As 3 Climate Suits Return To State Courts

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After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...more

Zelle  LLP

Climate Change for Insurers: When Politics Fail, Flood the Courts

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This article follows on from a series of previous articles seeking to address climate change litigation in the context of insurance and reinsurance. Three different, but important, decisions in December 2019 have once again...more

Pillsbury - Policyholder Pulse blog

Texas Supreme Court Requires Insurers to Pay Anadarko Full Deepwater Horizon Defense Costs Under CGL “Joint Venture Provision”

The Supreme Court of Texas delivered good news to policyholders insured under a “Joint Venture Provision” endorsement commonly used in the oil and gas industry. In Anadarko Petroleum Corp. v. Houston Casualty Co.—a case...more

King & Spalding

Texas Supreme Court Finds Anadarko is Entitled to Over $100 Million in Deepwater Horizon Defense Costs Based on Undefined Term in...

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Insurance coverage litigation arising out of the 2010 Deepwater Horizon explosion continues to result in important precedents that will impact energy companies and policyholders with operations in Texas. On January 25, the...more

Gray Reed

Texas Supreme Court holds entire limits of insurance policy are available to reimburse Anadarko’s defense fees and expenses...

Gray Reed on

In another dispute over insurance coverage related to the Macondo Well blowout (a/k/a Deep Water Horizon incident),1 the Texas Supreme Court held that an endorsement reducing a policy’s limits for “liability” stemming from a...more

Gray Reed

Texas Supreme Court to Consider Macondo Blowout Insurance Dispute

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The 2012 Macondo Well blowout and Deepwater Horizon rig explosion gave rise to a slew of lawsuits. Our subject today is one of them. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Petroleum Contamination Litigation: Federal Court Addresses Request for Declaratory Judgment Related to Future Remediation Costs

The U.S. District Court for the District of Oregon (“Court”) addressed a request for declaratory judgment by plaintiff landowners concerning future remedial action costs related to a petroleum release. See Roger Goldingay, v....more

Carlton Fields

In Deepwater Horizon Arbitration, UK Appellate Court Declines to Remove Arbitrator with Multiple Related Appointments

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The underlying case concerned the 2010 explosion and fire on the Deepwater Horizon oil rig in the Gulf of Mexico, when a well which was in the process of being plugged and temporarily abandoned, experienced a blow out....more

Cozen O'Connor

Forgery May Not Constitute “Theft” Under an Employee Dishonesty Coverage

Cozen O'Connor on

Ruling in favor of the insurer on a motion for summary judgment, on July 29, 2016 the Fifth Circuit Court of Appeals held that under the terms of a commercial crime policy, proof of a forgery by the insured’s employee in...more

Baker Donelson

Deepwater Horizon Update: Fifth Circuit Rules in Favor of Cameron on Insurance Issues

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The U.S. Court of Appeals for the Fifth Circuit recently issued an opinion ruling in favor of Cameron International Corporation and certifying a question to the Texas Supreme Court on issues arising out of an insurance...more

Baker Donelson

Transocean/BP Settlement Ends Texas Law Insurance Dispute: What Are the Possible Future Implications?

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A lesser known but interesting legal issue regarding the 2010 BP oil spill was whether an operator (BP) could recover insurance proceeds as an additional insured under its driller's (Transocean) insurance policies for...more

Carlton Fields

Insurance is Big in Texas: In Deepwater Horizon Case, Texas Stretches a Policy’s Four Corners to Include Other Contracts

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Last month, in In re Deepwater Horizon, Relator, the Supreme Court of Texas applied a fundamental principle of insurance law to a case with enormous financial implications. The owner of the Deepwater Horizon drilling rig had...more

Beveridge & Diamond PC

Texas Supreme Court Rules Additional-Insured Coverage is Limited by Underlying Indemnification Agreement in In re Deepwater...

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In a much anticipated 8-1 decision, the Texas Supreme Court ruled Friday that BP is not entitled to additional-insured coverage in In re Deepwater Horizon, No. 13-0670 (Feb. 13, 2015)....more

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