Maritime workers' compensation dispute drives employer to sue insurer

A Delaware-based firm is suing a Thibodaux company for alleged breach of contract dating to a 2001 agreement.

Seacor Marine LLC filed a complaint against Longnecker Properties Inc. in the U.S. District Court of the Eastern District of Louisiana on April 28, citing infringement in an August 2001 matter.

Court filings indicate that both parties entered into an agreement on Aug. 29, 2001, whereby Longnecker agreed to provide the plaintiff with workers' compensation and employer’s liability coverage. The parties drafted a subsequent subcontractor agreement, whereby the insurer would allegedly waive its rights of subrogation against the plaintiff on Nov. 3, 2004.

According to the suit, Seacor was named as a defendant in a lawsuit filed by Clarence Simon Jr. on Jan. 30, 2013, a case pending in the U.S. District Court of the Western District of Louisiana, claiming that Seacor owed Simon maintenance and cure in an employment-related matter.

Seacor denies any liability or employment responsibility to Simon, arguing that Longnecker has refused coverage in the matter, and consequently, the plaintiff faces potential attorney’s fees and costs in defending itself in the Simon case.

Asserting that it is at risk of potential liability due to the defendant’s refusal, Seacor cites breach of contract and seeks damages, interest, attorney’s fees, expenses and costs.

The plaintiff is represented by Rufus C. Harris III, Alfred J. Rufty III, Cindy Galpin Martin, and Jill Willhoft of Harris & Rufty LLC in New Orleans.

U.S. District Court of the Eastern District of Louisiana Case 2:15-cv-01378-JTM-DEK