Contractor seeks to recoup costs incurred in defending itself in injury case

By Erianne Leatherman | Sep 17, 2018

LAFAYETTE – A contractor and its insurance provider recently filed a civil action to recover costs they incurred defending themselves in an injury lawsuit. 

The Aug. 28 filing in the the U.S. District Court for the Western District of Louisiana seeks declaratory judgment and recovery of defense costs pursuant to contract.

Plaintiff Island Operating Co. Inc. (IOC) and its insurer, Lloyd’s Syndicate 1036, filed the complaint against Total Safety Inc. and ABC Insurance Co. 

In November 2012, IOC was sued for damages in the case of Rory L. Castille and Natasha Castille v. Apache Deepwater LLC and alternatively, Island Operating Company.” IOC was a contractor for Apache. 

Castille worked for Total Safety as a technician for navigational aids and firefighting equipment. In October 2012, he was injured while working on Apache’s West Cameron 111-F unmanned satellite production platform on the Outer Continental Shelf. The suit alleged that when Castille went to investigate a noise, he opened the door to the wellhead master control panel and was engulfed in a flash fire. 

In November 2012, Castille sued Apache, the owner of the production platform, alleging negligence and citing bodily injury, medical costs, and loss of earnings, the filing said. He sought damages from IOC and others that he felt caused the accident. At the time of the accident, Total Safety was under contract with Apache to perform work and “agreed to defend Apache and its contractors and subcontractors, which includes IOC, as a part of the Apache "Company Group" for claims made by employees of Total Safety, including Rory Castille,” according to the filing. The claim was dismissed via summary judgment.  

ABC Insurance provided liability insurance for Total Safety at the time of Castille’s injury and was obligated to IOC to defend the Castille claim, the filing said. IOC and Lloyd's Underwriters claim they are then entitled to recoup expenses, fees, and defense costs related to defending the Castille claim. 

 

 

 

 

 

 

 

 

 

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