A Duty to Defend…and a Duty to Pay Defense Costs

While designing, building and renovating a Texas hospital, a masonry company obtained commercial general liability (“CGL”) insurance policies from two different insurers, Trinity Universal... More

Psychological Claims Are Not Compensable For Legitimate Personnel Actions

Claimant, a longshoreman, was injured when he struck a cable line which caused an explosion. Claimant was not physically injured and did not seek... More

Hips, Flips and McCorpen

Petrey worked as a deckhand on the M/V Tug Thomas, a vessel owned and operated by Atlantic Sounding Co.  In September 2006, he was... More

Indemnity Provisions May Be Unenforceable Under “Focus-of-the Contract” Test

The Fifth Circuit Court of Appeals, sitting en banc, recently clarified what law governs a contractual dispute, such as the enforceability of an indemnity... More

Fifth Circuit Provides Longshore Employers with Significant Victory on Attorney’s Fees

The advent of the fee-shifting system for LHWCA matters sparked an ongoing debate amongst claimants, employers, and attorneys regarding atttorney fee awards. Consistently, claimants’... More