Warren E & P, Inc. F/K/A Petroleum Development Corporation D/B/A Pedeco, Inc. Warren Resources, Inc., and Oil Technology Fund 1996-Series D, L. P./Gotham Insurance Company v. Gotham Insurance Company/Warren E & P, Inc. F/K/A Petroleum Development Corporation D/B/A Pedeco, Inc. Warren Resources, Inc., and Oil Technology Fund 1996-Series D, L. P.

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

WARREN E & P, INC., f/k/a PETROLEUM DEVELOPMENT CORPORATION d/b/a PEDECO, INC., WARREN RESOURCES, INC., and OIL TECHNOLOGY FUND 1996 – SERIES D, L. P.,

Appellants/Cross-Appellees,

v.

GOTHAM INSURANCE COMPANY,

Appellee/Cross-Appellant.

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No. 08-10-00198-CV

Appeal from the

81st District Court

of Frio County, Texas

(TC# 98-02-00039CVF)

O P I N I O N

This is the third appeal that has arisen from a dispute relating to the payment of insurance proceeds following an oil well blow-out.[1] The first appeal was resolved in Gotham Ins. Co. v. Petroleum…