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CIMAREX ENERGY CO. v. CP WELL TESTING, L.L.C.

No. 20-50892.

26 F.4th 683 (2022)

CIMAREX ENERGY COMPANY; St. Paul Fire & Marine Insurance Company, as Subrogees of Cimarex Energy Company; American Guarantee & Liability Insurance Company, as Subrogees of Cimarex Energy Company, Plaintiffs-Appellants, v. CP WELL TESTING, L.L.C., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed: February 15, 2022.

Attorney(s) appearing for the Case

Marcus R. Tucker , Phelps Dunbar, L.L.P., Houston, TX, Charles Thomas Frazier, Jr., Esq. , Alexander Dubose & Jefferson, L.L.P., Dallas, TX, for Plaintiffs-Appellants Cimarex Energy Company, and St. Paul Fire & Marine Insurance Company.

Gregory S. Hudson , Cozen O'Connor, P.C., Houston, TX, Aaron Glenn Koury , Cozen O'Connor, Dallas, TX, for Plaintiff-Appellant American Guarantee & Liability Insurance Company.

Ellen Mary Van Meir , Nicolaides Fink Thorpe Michaelides Sullivan, L.L.P., Dallas, TX, Kimberly Ann Hartman, Esq. , Mark J. Sobczak , Nicolaides Fink Thorpe Michaelides Sullivan, L.L.P., Chicago, IL, for Defendant-Appellee.

Before Owen, Chief Judge, Jones, and Wilson, Circuit Judges.

The Texas Oilfield Anti-Indemnity Act ("TOAIA") voids indemnity agreements that pertain to wells for oil, gas, or water or to mineral mines, unless the indemnity agreement is supported by, inter alia, liability insurance. Here, pursuant to TOAIA, CP Well Testing, LLC and Cimarex Energy Co. agreed in a Master...

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