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COMM. UNION ASSUR. v. TIDEWATER MARINE SER.

Nos. 2008-CA-1114, 2008-CA-1131.

15 So.3d 1241 (2009)

COMMERCIAL UNION ASSURANCE PLC, Royal and Sun Alliance P.C., Axa Global Risks UK, Ltd., Independent Insurance Company, Ltd., Terra Nova Insurance Company, Ltd., and A.N. underwriter for himself and on behalf of all other Lloyd's underwriters subscribing to Policy Nos. MM96M0199 and LE9605111 v. TIDEWATER MARINE SERVICE, INC. and Zapata Gulf Marine International Ltd. Commercial Union Assurance PLC, et al. v. Tidewater Marine Service, Inc., et al.

Court of Appeal of Louisiana, Fourth Circuit.

June 24, 2009.

Attorney(s) appearing for the Case

H. Alston Johnson III, Phelps Dunbar LLP, Baton Rouge, LA, and Edward F. Lebreton III, Fowler Rodriguez Valdes-Fauli, New Orleans, LA, for Navigators Insurance Company.

C. Henry Kollenberg, Melinda M. Riseden, Crain Caton & James P.C., Houston, TX, and James A. Babst, Hamilton Brown & Babst, LLC, New Orleans, LA, for Marsh Inc., Marsh USA, Inc.

Cliffe E. Laborde III, Robert E. Torian, Laborde & Neuner, Lafayette, LA, for Tidewater Marine Service, Inc., Tidewater Inc., Zapata Gulf Marine International Limited, TT Boat Corporation, Pental Insurance Co., Ltd., Tidewater Crewing Ltd., Tidewater Marine, L.L.C. and Tidewater Marine West Indies Limited.

(Court composed of Judge JAMES F. McKAY III, Judge ROLAND L. BELSOME, Judge PAUL A. BONIN).

JAMES F. McKAY III, Judge.

In this marine insurance case, the defendant, Navigators Insurance Company, appeals the trial court judgment holding it liable for damages based upon an excess insurance policy it issued. The defendant also appeals the trial court's denial of its claim for indemnification. We affirm.

FACTS AND PROCEDURAL HISTORY

On or about December 15, 1996, the port stern anchor of the M/V Oceanic Seahorse hooked a subsea electric...

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