HOUSTON EXPLOR. v. WELLINGTON UNDERWRITING

No. 08-0890.

352 S.W.3d 462 (2011)

The HOUSTON EXPLORATION CO. and Offshore Specialty Fabricators, Inc., Petitioners, v. WELLINGTON UNDERWRITING AGENCIES, LTD., et al., Respondents.

Supreme Court of Texas.

Decided August 26, 2011.

Rehearing Denied December 16, 2011.


Attorney(s) appearing for the Case

S. Shawn Stephens , James C. Winton , Farrell Ann Hochmuth , Baker & Hostetler, LLP, Houston, TX, for The Houston Exploration Company.

Harry Lloyd Scarborough , Ian Ranier Beliveaux , Faubus & Scarbrough LLP, Robert Lee Galloway , South Texas College of Law, Houston, TX, for Offshore Specialty Fabricator, Inc.

Glenn Richard Legge , Karen Ann Conticello , Legge Farrow Kimmitt McGrath & Brown, LLP, Alexander C. Papandreou , Chevron Shipping Company LLC/Chevron Global Gas, Houston, TX, for Wellingotn Underwriting Agencies, Ltd.

Jay K. Rutherford , Jackson Walker , Fort Worth, TX, for Amicus Curiae Texas Association of Business.

Philip D. Nizialek , Carver Darden, New Orleans, LA, pro se.

Francis I. Spagnoletti , Marc Evan Kutner , Spagnoletti & Co., Houston, TX, for other interested party Lary Insurance Services, Inc.

Ashley T. Parrish , Cantey & Hanger, L.L.P., Dallas, TX, for other interested party Tysers International Ins.


Justice HECHT delivered the opinion of the Court, in which Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, and Justice GUZMAN joined, and in Parts I and III of which Justice JOHNSON joined.

The parties dispute whether an "all risk" property damage insurance policy provides indemnity for certain expenses incurred in connection with a covered loss. Coverage was negotiated in the London market, and as is customary there, the parties reached agreement by lining through...

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