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Employers Ins. Co. of Wausau v. Jennie V'S Seafood, LLC

United States District Court, E.D. Louisiana

September 4, 2013

EMPLOYERS INSURANCE COMPANY OF WAUSAU
v.
JENNIE V'S SEAFOOD, LLC AND ATAIN SPECIALTY INSURANCE COMPANY

Decided September 3, 2013.

For Employers Insurance Company of Wausau, Plaintiff: H. Minor Pipes, III, LEAD ATTORNEY, Catherine Fornias Giarrusso, Susan Muller Rogge, Barrasso,Usdin, Kupperman, Freeman & Sarver, LLC, New Orleans, LA.

For Jennie V's Seafood, LLC, Defendant: Matthew D. Monson, LEAD ATTORNEY, Donald John Latuso, Jr., Monson Law Firm, Mandeville, LA.

For Atain Specialty Insurance Company, Defendant: Ethan N. Penn, LEAD ATTORNEY, Brent Joseph Carbo, Musgrave, McLachlan & Penn, LLC, New Orleans, LA.

OPINION

Page 510

ORDER AND REASONS

SARAH S. VANCE, UNITED STATES DISTRICT JUDGE.

Before the Court is the Motion for Summary Judgment of defendant Jennie V's Seafood, LLC (" Jennie V's" ). [1] For the following reasons, the Court DENIES defendant's motion.

I. BACKGROUND

Bon Secour Fisheries, Inc., a seafood processor and wholesale distributor located in Alabama, [2] holds a commercial general liability insurance policy with plaintiff Employers Insurance Company of Wausau. [3] On September 20, 2007, Bon Secour entered into a contract with Jennie V's, a seafood harvester located in Louisiana, under which Jennie V's agreed to maintain certain insurance coverage for Bon Secour and to defend and indemnify Bon Secour against certain claims. [4] The agreement is a standard document drafted by Bon Secour

Page 511

for use in its business dealings that was executed by the parties in Louisiana. [5] It provides in relevant part:

2. Seller [Jennie V's] agrees to defend, indemnify, and hold harmless Buyer [Bon Secour] . . . (individually, an " indemnitee" ) from all actions, suits, claims, demands, and proceedings (" Claims" ) and any judgments, damages, losses, debts, liabilities, penalties, fines, costs and expenses (including reasonable attorneys' fees) resulting therefrom whether arising out of contract, tort, strict liability, misrepresentation, violation of applicable law and/or any cause whatsoever:
. . . .
(III) brought . . . against any Indemnitee for the recovery of damages for the injury, illness and/or death of any person, or loss or damage arising out of or alleged to have arisen our [ sic ] of (a) the delivery, sale, resale, labeling, use of [ sic ] consumption of any product, or (b) the negligent acts or omissions of Seller; provided, however, that Seller's indemnification obligations hereunder shall not apply to the extent that Claims are caused by the negligence of the Buyer.
Seller's agreement to maintain and provide insurance on behalf of Buyer under Paragraph 3 is a result of the requirement for indemnity and defense outlined in this paragraph. . . .
3. Seller agrees to maintain in effect insurance coverage with reputable insurance companies covering . . . commercial general liability, including product liability and excess liability, all with such limits as are sufficient in Buyer's reasonable judgment, to protect Seller and Buyer from the liabilities insured against by such coverages. . . . Buyer shall be named as an additional ...

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