OXY USA INC. v. QUINTANA PRODUCTION CO.

No. 2011 CA 0047.

79 So.3d 366 (2011)

OXY USA INC. v. QUINTANA PRODUCTION COMPANY, Fidelity and Casualty Company of New York, the Home Indemnity Company, Federal Insurance Company, American International Group, Underwriters Indemnity Company, Admiral Insurance Company, AIU Insurance Company, Allianz Underwriters Insurance Company, Granite State Insurance Company, American Centennial Ins. Company, American Excess Insurance, American General Companies, Associated International Ins. Company, California Union Insurance Company, Chicago Insurance Company, Crum & Forester, National Union Fire Insurance of Pittsburg, Harbor Insurance Company, INA of Texas, Insurance Company of North America, Interstate Fire & Casualty, Lexington Insurance Company, London Guarantee & Accident of NY, National Surety, Northern Insurance Company of New York, Old Republic Insurance Company, Puritan Insurance Company, Republic Insurance Company, the Continental Insurance Companies, the Underwriters Inc., Northern Insurance Company of New York, Safety Mutual Casualty Corporation, New York Underwriters Insurance Company, Fidelity and Casualty Company of New York, National Surety Corporation, Mutual Fire Marine & Inland Insurance, Lexington Insurance Company (AIG), Integrity Insurance Company, Chubb Group of Insurance Companies, Allianz Underwriters Insurance Company, Hartford Accident & Indemnity Company, First State Insurance Company, Underwriters at Lloyd's, London, Aetna Casualty & Surety Company, Fidelity and Casualty Co. of New York (CNA), Everest Re Group, Ltd., (Gibraltar Casualty Co.), Government Employees Insurance Co. (GEICO), Twin Cities Fire Insurance Company, International Insurance Company, Highlands Insurance Company, Valient Insurance Company, and Associated International Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 30, 2011.


Attorney(s) appearing for the Case

Susan R. Laporte , Molly Steele , Christoffer C. Friend , Rene A. Curry, Jr. , New Orleans, LA, for Plaintiff-Appellant OXY USA Inc.

Erin Fury Parkinson , New Orleans, LA, Noel Edward Warren , Washington, D.C., for Defendants-Appellees Granite State Ins. Co. & Quintana Petroleum.

Gary M. Zwain , Nicole M. Boyer , New Orleans, LA, for Defendants-Appellees Hartford Accident & Indemnity Ins. Co., Twin City Fire Ins. Co. & First State Ins. Co.

William T. McCall , Lake Charles, LA, for Defendants-Appellees Century Indemnity Co. & Ace American Ins. Co.

Richard M. Simses , Paul M. Lavelle , Houston, TX, for Defendant-Appellee Puritan Ins. Co.

Glen E. Mercer , New Orleans, LA, for Defendants-Appellees Zurich American Ins. Co., Successor to Valiant Ins. Co., American General Companies & Northern Ins. Co. of New York.

Michael P. Mentz , Brad D. Ferrand , Metairie, LA, for Defendant-Appellee Admiral Ins. Co.

W. Shelby McKenie , Baton Rouge, LA, for Defendant-Appellee TIG Ins. Co. as Successor by Merger to International Ins. Co.

James A. Rowell , New Orleans, LA, for Defendants-Appellees Chicago Ins. Co., Interstate Fire & Casualty Co. & National Surety Corp.

Jane A. Robert , Baton Rouge, LA, for Defendant-Appellee Certain Underwriters at Lloyd's London.

Jane A. Robert , Baton Rouge, LA, Mark D. Paulson , Chicago, IL, for Defendant-Appellee Old Republic Ins. Co.

Before KUHN, PETTIGREW, and HIGGINBOTHAM, JJ.


PETTIGREW, J.

After agreeing to settle an earlier oilfield contamination lawsuit filed against it and others by the injured property owner, plaintiff oil company filed this suit seeking contribution and/or indemnity from alleged fellow tortfeasors and their insurers. Plaintiff's original petition sought contribution from a single, now-defunct, alleged fellow tortfeasor and numerous insurers. In response to peremptory exceptions...

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