NEW ORLEANS – Joint employers have filed a suit regarding a general liability insurance policy.
John Bludworth Shipyard Inc., Wire Industrial Inc. and First Mercury Insurance Co. filed a complaint on April 13 in the U.S. District Court for the Eastern District of Louisiana against Capital Consultants Inc. of Louisiana and Liberty Mutual Insurance Co. alleging breach of agreement.
According to the complaint, the plaintiffs allege that in Dec. 1, 2014, plaintiff Wire's employees were working at plaintiff JBS' shipyard when they were injured. The employees then filed a suit against JBS in 2015 in Texas.
The suit states Capital Consultants Inc. of Louisiana provided workers' compensation benefits to the injured employees, but failed to obtain the alternate employer endorsement and Liberty Mutual has declined to accept Wire's tender for defense, indemnity and additional insured coverage.
The plaintiffs hold Capital Consultants Inc. of Louisiana and Liberty Mutual Insurance Co. responsible because the defendants allegedly are liable and responsible to pay for the full amount of defense expenses and the settlement achieved by the plaintiffs.
The plaintiffs seek damages and/or reasonable settlement of all claims and damages arising from the Dec. 1, 2014, incident, plus interest, costs of these proceedings and for all other general and equitable relief. They are represented by R. Jeffrey Bridger of Thompson, Coe, Cousins & Irons LLP in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-03459