Indemnity Insurance Co. of North America v. W & T Offshore, Inc.

EDITH BROWN CLEMENT, Circuit Judge:

W & T Offshore (“W & T”) — an energy exploration and development company— sustained significant damage to its operations as a result of Hurricane Ike. Anticipating that W & T would seek recovery for its Removal of Debris (“ROD”) expenses under its Umbrella/Excess Insurance Policies (“Umbrella Policies”), the four Umbrella Insurers Underwriters (“Underwriters”) sought a declaratory judgment that they were not liable for W & T’s ROD damages. In their motion for summary judgment, Underwriters argued that the Umbrella policies only take effect if W & T’s…