Category Archives: Marine Insurance

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 »

Removal of Jones Act claim sticks based on ancillary arbitration claim

On June 11, 2013, in Gautreaux v. Tassin Intl., Inc., E.D. La. C/A No. 12-2987, 2013 WL 2635173 Judge Morgan held that a cross claim concerning the validity of a foreign arbitration clause could effectively bind plaintiff’s maritime claims, brought in state court, to a federal district court.  The Judge held that Louisiana law did … Read More »

The Seventh Circuit Holds Tug Pushing Discharging Barge is “Vessel … Which Poses the Substantial Threat of a Discharge of Oil” under OPA90

Egan Marine Corporation, et al v. Great American Insurance Company of New York, 665 F.3d 800 (7th Cir. 2011). On January 19, 2005, tank barge EMC 423 exploded and discharged slurry oil into the Chicago Sanitary and Ship Canal.  The barge lacked any means of self-propulsion, navigation, or crew.  It was being pushed by tugboat … 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 »

Fireman’s Fund v. Sneed Shipbuilding: Builder’s Risk Policy held to exclude faulty workmanship

In Fireman’s Fund v. Sneed Shipbuilding, Superior Shipyard filed suit against Sneed Shipbuilding in Lafourche Parish (17th JDC), then amended under Louisiana’s direct action statute to name Sneed’s builder’s risk insurer (Fireman’s Fund) and its GL insurer, Federal.  Fireman’s Fund.  Duncan and Sevin represented Fireman’s Fund. Fireman’s Fund and Federal filed declaratory judgment actions in the … Read More »