Legal Opinion

Hercules Offshore, Inc. and the Hercules Offshore Drilling Company, LLC v. Excell Crane & Hydraulics, Inc.

Texas Court of Appeals, 1st District (Houston)

Decided November 20, 2014No. 01-13-00817-CVPublishedCited by 4 opinions

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

  1. Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's LondonTexas Supreme Court · 2010
  2. Texas Municipal Power Agency v. Public Utility Commission of TexasTexas Supreme Court · 2007
  3. Sysco Food Services, Inc. v. TrapnellTexas Supreme Court · 1995
  4. Stiles v. Resolution Trust Corp.Texas Supreme Court · 1993
  5. WorldPeace v. Commission for Lawyer Discipline, Texas Court of Appeals, 14th District (Houston)2006

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Benajmin "B.J." Reynolds, Mark Mewshaw and Wes Hobbs and Terra Energy Partners LLC v. Sanchez Oil & Gas Corporation, Texas Court of Appeals, 1st District (Houston)2023
  2. XTO Energy Inc v. Frontier Drilling, LLCDistrict Court, N.D. Texas · 2021
  3. Yolanda Teran Begum v. Josefina Auten, Texas Court of Appeals, 13th District2015
  4. in the Interest of I.L.M., Texas Court of Appeals, 1st District (Houston)2015

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