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ILN Today Post

Is Proof of “Independent Injury” Required For An Extra-Contractual Claim Under the Texas Insurance Code?

If you were among the many waiting for the Texas Supreme Court to answer that question, you will need to wait even longer. The case that presented the question to the Texas Supreme Court, by certified question from the Fifth Circuit, has just settled.

In Re: Deepwater Horizon; Cameron Int’l Corp. v. Liberty Insurance Underwriters, Inc., 807 F.3d 689 (5th Cir. 2015), was one of several significant insurance decisions arising out of the Deepwater Horizon disaster in the Gulf of Mexico. After the disaster, thousands of lawsuits were filed against British Petroleum (BP), Transocean (the drilling contractor) and Cameron (the manufacturer of the blowout preventer), and those defendants all filed cross-actions against one another. Cameron had a $500 million tower of liability insurance.

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