MARATHON OIL CO. v. MID-CONTINENT UNDERWRITERS

No. 85-3102.

786 F.2d 1301 (1986)

MARATHON OIL COMPANY, Plaintiff-Appellant, v. MID-CONTINENT UNDERWRITERS, Certain Underwriters at Lloyd's London, and Drake Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 16, 1986.


Attorney(s) appearing for the Case

David L. Carrigee, Burke & Mayer, New Orleans, La., for plaintiff-appellant.

Michael McAlpine, Johnson & McAlpine, Richard A. Cozad, New Orleans, La., for defendants-appellees.

Before THORNBERRY, RUBIN, and JOLLY, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The question presented is the scope of a waiver-of-subrogation clause in an admiralty protection and indemnity policy. The underwriters that wrote a policy containing a provision waiving "all subrogation" against an additional assured contend that the clause does not mean what it says: the insurers argue that the waiver of subrogation applies only with respect to claims covered by the policy. Because that interpretation would render...

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