SHARON DUPRE AND WILSON DUPRE, JR.
TRANSCONTINENTAL GAS PIPE LINE, LLC, FURMANITE AMERICA, INC., E S & H, INC., AND DANOS AND CUROLE MARINE CONTRACTORS, LLC
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
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 &
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
J. Bergeron Raymond C. Lewis Brian Seth Schaps New Orleans,
Louisiana Counsel for Defendant-Appellee Furmanite America,
J. Koehl, Jr. William P. Wynne Hansford P. Wogan New Orleans,
Louisiana Counsel for Third Party Defendant-Appellee The Gray
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,
BEFORE: WHIPPLE, C.J., McDONALD, AND CHUTZ, JJ.
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
AND PROCEDURAL BACKGROUND
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.
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 ...