Texas Supreme Court weekly orders (9/6/13)

In its weekly orders (9/6/13), the Texas Supreme Court issued no new opinions. But the Court did accept one case from the Fifth Circuit on a certified question.

Click here to read the order list.

The case from the Fifth Circuit is an important insurance-coverage case, In re Deepwater Horizon, which arises out of the famous well blow out in the Gulf of Mexico. Below is the Court staff's description of the issues:

13-0670, In re Deepwater Horizon

certified question from the U.S. Court of Appeals, Fifth Circuit

Oral argument pending

In this insurance dispute over pollution damages resulting from the Deepwater Horizon drilling-rig explosion, the Fifth Circuit asks: (1) whether Evanston Insurance Co. v. ATOFINA Petrochemicals Inc. compels a finding that BP P.L.C. and affiliates are covered for damages because umbrella policy language alone determines the extent of BP’s coverage as an additional insured if, and so long as, the drilling contract’s additional-insured and indemnity provisions are “separate and independent” and (2) whether, given the facts in this case, the doctrine that an insurance contract that will be interpreted in the insured’s favor if it can be reasonably interpreted in more than one way applies to decide the drilling contract’s insurance-coverage provision under the ATOFINA case.

Federal court of appeals opinion

-- Scott Stolley, Thompson & Knight