WAPITI ENERGY v. CLEAR SPRING PROP. & CAS.

No. 23-20134.

106 F.4th 420 (2024)

WAPITI ENERGY, L.L.C., Plaintiff-Appellant, v. CLEAR SPRING PROPERTY AND CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED July 2, 2024.


Attorney(s) appearing for the Case

Timothy W. Strickland, Stacey T. Norstrud, Kean Miller, L.L.P., Houston, TX, Megan LeBato Reinkemeyer (argued), Daniels & Tredennick, P.L.L.C., Houston, TX, for Plaintiff-Appellant.

Richard A. Cozad (argued), Schouest, Bamdas, Soshea, BenMaier & Eastham, P.L.L.C., New Orleans, LA, for Defendant-Appellee.

Before Wiener, Willett, and Douglas, Circuit Judges.


Commonly embedded in protection and indemnity policies for maritime insurance are "wreck removal clauses" that obligate the insurer to cover wreck removal expenses when the removal of a covered vessel is "compulsory by law." This appeal requires us to further define the contours of the "compulsory by law" standard...

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