Appeal from The 19th Judicial District Court,
Parish of East Baton Rouge, State of Louisiana Trial Court
No. C621251 The Honorable Todd W. Hernandez, Judge Presiding
Byrne Edwards Lafayette, Louisiana Attorney for
Plaintiff/Appellee Robert Jefferson
E. Bland III Attorneys for Defendants/Third-Party, Juan C.
Obregon, Plaintiffs/Appellants New Orleans, Louisiana
International Marine, LLC and International Offshore
Nicholas J. Cenac Attorneys for Third-Party Defendant/ R.
Edward Blanchard Appellee General Fabricators, Inc. Sidney W.
Degan III New Orleans, Louisiana
Catherine M. Landry Attorneys for Third-Party Defendant/
Jonathan L. Woods Appellee McMoRan Oil & Gas, LLC
BEFORE: PETTIGREW, WELCH, CRAIN, THERIOT, AND HOLDRIDGE, JJ.
Marine, LLC ("International") appeals a summary
judgment in favor of McMoRan Oil & Gas, LLC
("McMoRan") dismissing International's
third-party demand against McMoRan. For reasons that follow,
we affirm the judgment.
AND PROCEDURAL HISTORY
case arises out of an offshore oilfield related accident. The
plaintiff, Robert Jefferson, was on the deck of a supply
vessel waiting to be transported onto an offshore drilling
platform, when he allegedly stepped into a gap caused by a
missing deck board, fell, and sustained injuries. McMoRan was
the owner of the drilling platform. International was the
owner of the vessel, and pursuant to a charter agreement with
McMoran, it provided service vessels for transporting
personnel and supplies to the drilling platform. Jefferson
was an employee of General Fabricators, Inc., a contractor
that provided a broad range of services to McMoRan related to
the drilling platform under a general services contract.
sued International alleging that its negligence was the sole
cause of the accident. International filed a third-party
demand against McMoRan, asserting claims under both the
charter agreement between International and McMoRan, and the
services contract between General Fabricators and
McMoRan. Under the charter agreement, International
alleged that it was entitled to indemnity from McMoRan for
any liability to Jefferson. Under the services contract,
International alleged that it was an "invitee" of
McMoRan, and, as such, International claimed it was entitled
to indemnity from General Fabricators under that agreement.
However, according to the third-party demand, International
was deprived of this right of indemnity when McMoRan breached
the services contract by failing to pay the cost of insurance
obtained by General Fabricators to cover the indemnity
filed a motion for summary judgment seeking the dismissal of
International's third-party demand on the following two
grounds: (1) the charter agreement did not require McMoRan to
indemnify or defend International for Jefferson's claims,
and (2) the services contract did not require McMoRan to
obtain insurance coverage (referred to in the motion and by
the parties as "Marcel coverage") for the benefit
hearing, the trial court granted McMoRan's motion for
summary judgment. In its written reasons for judgment, the
trial court found that McMoRan had no obligation to defend or
indemnify International for Jefferson's claims and that
McMoRan was not obligated to secure insurance coverage for
International. A judgment in accordance with the trial
court's written reasons, which dismissed the entirety of
International's third-party demand against McMoRan with
prejudice, was signed on December 30, 2015, and it is from
this judgment that International now appeals.