Offshore Drilling Co. v. Gulf Copper & Mfg. Corp., 08-40885
In a declaratory judgment action claiming that an indemnity provision in plaintiff's contract with defendant released plaintiff from liability for the destruction of a ship in plaintiff's shipyard, summary judgment for plaintiff is affirmed where the parties' factual disagreements did not create a material issue of fact concerning control of the vessel. However, the denial of attorney's fees is reversed where, because plaintiff's indemnity claim arose under the contract, it was entitled to the costs of its defense under the indemnity provision.
- Decided 04/20/2010
- Published 04/22/2010
- LESLIE H. SOUTHWICK, Circuit Judge:, Before GARWOOD, OWEN and SOUTHWICK, Circuit Judges.
- United States Fifth Circuit
- For Appellant:
- David Sinnott Bland (argued), Matthew C. Guy (argued), LeBlanc Bland, P.L.L.C., New Orleans, LA, for The Offshore Drilling Co., Kenneth G. Engerrand, I, Mark C. Clemer, Charles Clayton Conrad (argued), Michael D. Williams, Brown Sims, P.C., Houston, TX, for Gulf Copper & Mfg. Corp.