United States Fifth Circuit

In an action by an insurer seeking a declaration that damages awarded against defendant in an underlying suit arising out of an oil well accident were not covered by the policy at issue, summary judgment for defendant is affirmed where: 1) the insurer was collaterally estopped from re-litigating the subrogation right at issue because it was in privity with defendant; 2) defendant's subrogee's lack of an ownership interest in one well did not defeat defendant's claim for coverage; and 3) defendant showed that the costs at issue were related to property damage and thus covered by the policy.

Appellate Information

• Decided 08/04/2010
• Published 08/04/2010

Judges

• Catharina Haynes

Court

• United States Fifth Circuit

Counsel