A contractor and insurance company is suing a Mississippi-based company in an effort to have the latter defend and indemnify the former in a series of separate lawsuits.
Archer Western Contractors, and Arch Insurance Company filed a complaint Aug. 14 in U.S. District Court Eastern District of Louisiana against Hensley R. Lee Contracting, based in Mississippi and incorporated in Pennsylvania, doing business as a HRL Contracting, alleging breach of contract.
According to the complaint on April 12, 2011, a dump truck HRL contracted to deliver clay to an Archer Western jobsite caused a multivehicle accident on Interstate Highway 610 in New Orleans near the Elysian fields exit, resulting in multiple injuries and a fatality, which subsequently lead to several lawsuits.
The lawsuit alleges that under contract terms between Archer Western and HRL, HRL is obligated to defend and indemnify Archer Western in the underlying suits for damages arising out the accident.
The plaintiffs seek to recover compensatory damages, plus costs of the suit. They are represented by attorneys Richard G. Duplantier Jr. and Cheri A. Chestnut of Galloway, Johnson, Tompkins, Burr & Smith in New Orleans.
U.S. District Court Eastern District of Louisiana case number 2:15-cv-03473.