Legal Opinion · Dissent

Rowan Companies, Inc. v. Wilmington Trust

Texas Court of Appeals, 14th District (Houston)

Decided February 4, 2010No. 14-07-00465-CVPublished

1DissentKem Thompson Frost, Justice

The construction of the relevant contractual provisions proffered by the owner trustee is the only reasonable construction. Under this construction, the “estimated residual value” part of the definition of “Stipulated Loss Value” during the “Renewal Term” of the charter is determined by an appraisal procedure and is not set at $13.3 million at the beginning of the transaction or at the beginning of the Renewal Term, as contended by the charterer. The owner trustee followed this appraisal procedure, which resulted in a determination that the estimated residual value for the rig as of March 15,…

2Cases cited16 opinions

  1. National Union Fire Insurance Co. of Pittsburgh v. CBI Industries, Inc.Texas Supreme Court · 1995
  2. Heritage Resources, Inc. v. NationsBankTexas Supreme Court · 1997
  3. MCI Telecommunications Corp. v. Texas Utilities Electric Co.Texas Supreme Court · 1999
  4. Columbia Gas Transmission Corp. v. New Ulm Gas, Ltd.Texas Supreme Court · 1996
  5. American Manufacturers Mutual Insurance Co. v. SchaeferTexas Supreme Court · 2003

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