Royal Insurance Co. of America v. Sphere Drake Underwriting Management, Ltd.

OPINION ON MOTION FOR REHEARING

DON BURGESS, Justice.

Upon motion for rehearing, Sphere Drake makes several contentions we wish to address.

First, Sphere Drake contends our application of Texas contract law was incorrect. The basis of Sphere Drake’s contention is that because Allemand’s claim against Marine Fueling and the third-party tortfeasors was a maritime tort, the allocation of the recouped monies is governed by maritime law. Neither Allemand nor Marine Fueling are parties before this court in this action. The only parties before this court are two of Marine Fueling’s insurers; the only…