Tullier v. Halliburton Geophysical Services, Inc.

81 F.3d 552, 1996 AMC 1561 (1996)

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Tullier v. Halliburton Geophysical Services, Inc.

United States Court of Appeals for the Fifth Circuit
81 F.3d 552, 1996 AMC 1561 (1996)

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Facts

Halliburton Geophysical Services, Inc. (HGS) (defendant) chartered a vessel from McCall Boat Rentals, Inc. (McCall) (defendant) for use in offshore oil and gas ventures. In the contract for the charter, both HGS and McCall agreed to indemnify each other for job-related liabilities and to obtain insurance to support those cross-indemnity provisions. Under the terms of the contract, HGS agreed to insure its liabilities with comprehensive general-liability coverage. McCall agreed to obtain insurance that covered HGS as an additional assured on McCall’s policy. One of HGS’s employees, Shawn Tullier (plaintiff) was injured while working on the chartered vessel. Tullier sued HGS and McCall and then settled with both parties. HGS and McCall crossclaimed against each other. McCall crossclaimed against HGS for contractual indemnity for McCall’s settlement to Tullier. HGS crossclaimed against McCall for McCall’s alleged failure to obtain insurance with HGS as an additional assured. The district court entered judgment for McCall, and HGS appealed.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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