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DUVAL v. NORTHERN ASSUR. CO. OF AMERICA

No. 12-31102.

722 F.3d 300 (2013)

Glenn DUVAL, Plaintiff, v. NORTHERN ASSURANCE COMPANY OF AMERICA; Markel American Insurance Company, Defendants-Third Party Plaintiffs-Appellants, v. BHP Billiton Petroleum Deepwater, Incorporated, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 5, 2013.

Attorney(s) appearing for the Case

John Fredrick Kessenich, Esq. , Trial Attorney, Kirk Norris Aurandt, Esq. , Daigle Fisse & Kessenich, P.L.C., Madisonville, LA, for Defendant-Third Party Plaintiff-Appellant, Markel American Insurance Company.

Russell Keith Jarrett, Esq. , Attorney Hunter Adams Chauvin , S. Gene Fendler, Esq. , Shannon S. Holtzman, Esq. , Liskow & Lewis, P.L.C., New Orleans, LA, for Third Party Defendant-Appellee, BHP Billiton Petroleum Deepwater, Incorporated.

Before STEWART, Chief Judge, HIGGINBOTHAM and JONES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal turns on whether third-party insurers can enforce a master services agreement's defense, indemnification, and insurance obligations. We conclude that those obligations run between the two parties to the master services agreement and thus are not enforceable by the insurers.

I.

BHP Billiton Petroleum Deepwater, Inc. ("BHP") is an energy exploration company. Prior to its bankruptcy filing, Deep Marine...

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