Hercules Offshore, Inc. and the Hercules Offshore Drilling Company, LLC v. Excell Crane & Hydraulics, Inc.
Texas Court of Appeals, 1st District (Houston)
1Opinion of the Court
OPINION
REBECA HUDDLE, Justice.
This dispute between Hercules Offshore, Inc. and The Hercules Offshore Drilling Company, LLC (collectively “Hercules”) and Excell Crane ,& Hydraulics, Inc. arises from the parties’ conflicting interpretations of indemnity and insurance provisions in their Master Service Agreement (MSA). Hercules contends that the “additional assured” language in the MSA’s insurance provision means that Ex-cell’s insurance must be exhausted before Hercules’s indemnity obligation is triggered. Excell, on the other hand, argues that Hercules’s indemnity obligation is primary,…
2Cases cited15 opinions
- Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's LondonTexas Supreme Court · 2010
- Texas Municipal Power Agency v. Public Utility Commission of TexasTexas Supreme Court · 2007
- Sysco Food Services, Inc. v. TrapnellTexas Supreme Court · 1995
- Stiles v. Resolution Trust Corp.Texas Supreme Court · 1993
- WorldPeace v. Commission for Lawyer Discipline, Texas Court of Appeals, 14th District (Houston)2006
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