NEW ORLEANS - A dispute over an indemnity clause included in a master subcontractors agreement (MSA) resulted in Bisso Marine LLC filing a lawsuit against Dawn Services, Syndicat 457 at Lloyd's and ABC Excess Insurer, according to the complaint filed June 17 in the U.S. District Court for the Eastern District of Louisiana.
The lawsuit said the MSA required Dawn to get work and vessels for maritime projects to be completed by Bisso.
The MSA also included an indemnity clause that allegedly required Dawn to defend and indemnify Bisso from any allegations that Dawn employees and subcontractors made against Bisso “regardless of whether or not any such claim, suit, or demand shall arise in whole or in port from the sole or concurrent negligence, fault or omission of any member(s)” according to the lawsuit.
Bisso alleged in the complaint that Dawn also agreed to provide full coverage insurance for Bisso.
The terms of the MSA were allegedly violated when Patrick Knox, a worker at Dawn's Coastal Towing subcontractor, filed a personal injury claim against Bisso. Bisso in turn asked Dawn to fulfill the terms of the MSA by giving indemnity protection and pay its attorney’s fees and costs.
Bisso said Dawn has yet to pay the fees and instead told Bisso to use Dawn’s legal counsel, the lawsuit said.
Bisso claims Dawn breached the terms of the MSA when it refused to defend and indemnify Bisso. It also said Excess and Lloyd’s breached their agreements with Bisso when they refused to provide coverage and pay Bisso’s defense expenses.
Bisso is seeking double damages and payment of its attorney’s fees and other related expenses, as well indemnification for all judgments against Bisso and any other relief the court sees fit.
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