St. Paul Fire & Marine Insurance Co. v. Amerada Hess Corp.

PEDERSON, Justice.

St. Paul Fire and Marine Insurance Company appeals from a summary judgment in favor of Amerada Hess Corporation. St. Paul Company, as subrogee of KBM Well Service, Inc., sought to recover from Amer-ada for damages to a well service derrick owned by KBM. The derrick was insured by St. Paul Company, which paid KBM $46,250.00 for damages to the derrick. 1 The district court held that St. Paul Company was not entitled to recover because of a “waiver of negligence” provision contained in the well service contract between Amera-da and KBM. We reverse.

The facts surrounding the…