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Dupre v. Transcontinental Gas Pipe Line, LLC

Court of Appeals of Louisiana, First Circuit

December 21, 2017

SHARON DUPRE AND WILSON DUPRE, JR.
v.
TRANSCONTINENTAL GAS PIPE LINE, LLC, FURMANITE AMERICA, INC., E S & H, INC., AND DANOS AND CUROLE MARINE CONTRACTORS, LLC

         ON APPEAL FROM THE THIRTY-SECOND JUDICIAL DISTRICT COURT NUMBER 176, 384, DIVISION E, PARISH OF TERREBONNE STATE OF LOUISIANA HONORABLE RANDALL L. BETHAN COURT, JUDGE

          Howard L. Marcello Thibodaux, Louisiana Counsel for Plaintiffs-Appellees Sharon Dupre and Wilson Dupre, Jr.

          Jennifer E. Michel Tabitha Durbin Lafayette, Louisiana Counsel for Defendant-Appellee STARR Indemnity & Liability Company

          Charles A. Cerise, Jr. Edwin Christian Laizer Gerard J. Gaudet James T. Rogers, III New Orleans, Louisiana Counsel for Defendant-Appellee ES& H, Inc.

          Michael H. Bagot, Jr. G. Beauregard Gelpi New Orleans, Louisiana Counsel for Defendant-Appellee Danos & Curole Marine Contractors LLC

          Keith J. Bergeron Raymond C. Lewis Brian Seth Schaps New Orleans, Louisiana Counsel for Defendant-Appellee Furmanite America, Inc.

          Edward J. Koehl, Jr. William P. Wynne Hansford P. Wogan New Orleans, Louisiana Counsel for Third Party Defendant-Appellee The Gray Insurance Company

          David K. Nelson John F. Jakuback John C. Funderburk Melissa B. Caruso Mallory McKnight Fuller Baton Rouge, Louisiana Bradley J. Schlotterer Sean T. McLaughlin McClain Schonekas New Orleans, Louisiana Counsel for Third Party Plaintiff-Appellant Transcontinental Gas Pipe Line Company, LLC

          BEFORE: WHIPPLE, C.J., McDONALD, AND CHUTZ, JJ.

          CHUTZ, J.

         Third-party plaintiff, Transcontinental Gas Pipe Line Company, LLC (Transco), appeals the trial court's judgment, dismissing without prejudice its third-party demand for declaratory relief against third-party defendant, The Gray Insurance Company (Gray). We maintain the appeal and reverse and remand.

         FACTUAL AND PROCEDURAL BACKGROUND

         On October 8, 2015, an explosion occurred at the Transco facility located in Gibson, Louisiana. As a result, four individuals died, including two employees of Danos and Curole Marine Contractors, LLC (Danos) and two employees of Furmanite America, Inc. (Furmanite). At the time of the explosion, the Danos employees were performing work at the Transco facility under a request-for-service order issued by Transco to Danos pursuant to the General Service Agreement (GSA) into which they had entered. The Furmanite employees were performing work as a subcontractor to Danos under a request-for-service order issued by Danos pursuant to a Master Service Contract (MSC) into which it had entered with Furmanite. Several lawsuits, including this one by Sharon Dupre and Wilson Dupre, Jr., were subsequently filed against Transco, Danos, and Furmanite, among others, seeking damages as a result of the explosion.

         In addition to answering the Dupres' lawsuit, Transco filed a third-party demand against Gray, seeking a declaration that Gray is obligated to defend and indemnify it under the contractual provisions of the insurance issued to Danos for which Transco was a named "additional insured" pursuant to the GSA. Gray filed various peremptory exceptions as well as a dilatory exception objecting on the basis of prematurity. After a hearing, the ...


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