Category Archives: Indemnity

U.S. 5th Circuit revisits the issue of what is a maritime contract

In Larry Dorion Inc. vs. Specialty Rental Tools and Supply, 849 F.3d 602 (5th Cir. 2017), the Fifth Circuit for the first time decided whether a contract to preform flow-back services on an off-shore natural gas well was a maritime contract. The plaintiff argued maritime law applied while plaintiff’s employer argued Louisiana state law applied.

Texas Supreme Court clarifies: When an MSA gives a party additional insured rights, the MSA can limit those rights

The litigation that seeped to the surface after the sinking of the Deepwater Horizon has not yet entered its cleanup phase, but today, the Texas Supreme Court issued a ruling that addresses one important part of it. Transocean and BP had a “knock-for-knock” contract, where Transocean agreed to defend and indemnify BP for injuries to … Read More »

Underwriters must be named in the MSA to invoke defense and indemnity provisions of MSA, says Fifth Circuit

Duval v. Deepwater  BHP Billiton Petroleum Deepwater, Inc. (oil exploration company) entered a Master Service Agreement with Deep Marine Technology, Inc., who was to provide offshore construction support vessels. BHP also contracted with Wood Group/Deepwater Specialists to provide offshore services. A Wood Group employee, Glenn Duval, was allegedly injured in a personnel basket transfer between … Read More »

Fifth Circuit: Exculpatory clause on Vessel Owner’s website, Incorporated by reference in post-performance RSO, is binding on Ship Repairer under Course-of-Conduct Doctrine.

In One Beacon Insurance Co. v. Crowley Marine Services, Inc., a dispute arose among a ship repair contractor, barge owner, and insurance company over the terms of a ship repair service contract and marine insurance policy.  648 F.3d 258 (5th Cir. 2011).   A ship repair contract was formed between the vessel owner and the repair … Read More »