Contractual Additional Insureds -- What Coverage? The Texas Supreme Court Weighs In (JD Supra)

Contractual Additional Insureds -- What Coverage? The Texas Supreme Court Weighs In

  Tuesday, May 16th, 2023 Source: JD Supra

Primary and excess insurance carriers and their counsel need to pay close attention to a new Texas Supreme Court case Exxon Mobil vs. National Union Fire Insurance Company of Pittsburgh Pennsylvania and Starr Indemnity & Liability Insurance Company, Supreme Court of Texas, Case No. 21-0936.

In that case, the Texas Supreme Court found an ‘additional insured,’ named as such by virtue of a Master Service Agreement, was entitled to, not only the original insured’s primary policy limits, but also to the original insured’s excess limits despite a provision in the umbrella policy disclaiming ‘broader coverage.’

The facts are as follows: Savage Refinery Services entered into a Master Service Agreement (MSA) with Exxon Mobil. Pursuant to the terms and conditions of that contract and agreement, Savage Refinery Services obtained multiple insurance policies, including a $5 million primary policy with National Union Fire Insurance Company of Pittsburgh Pennsylvania and an additional ‘umbrella’ policy with National Union Fire Insurance Company of Pittsburgh Pennsylvania and a second ‘umbrella’ policy with Starr Indemnity and Liability Insurance Company.

In the Master Service Agreement, Savage Refinery Services agreed to name Exxon Mobil as an additional insured.

  Read Full Article
SOS Ladder AssistMid-America Catastrophe ServicesChurchill Claims ServicesHancock Claims Consultants LLC

  Recent Provider Listings

Serving Orange & Surrounding Counties
Florida Contents Inventory And Valuation Services
Serving California & Nevada Statewide
California Adjusters
Serving Florida Statewide
Florida Engineers Forensic Consultants