New Hampshire Insurance Company v. Candis M. Mora, Individually, and A/N/F of Anthony Lorenzo Dean Mora, Emma Elisha Mora, and Francisco John Mora, Minor Children, and as Personal Representative of and Heir to the Estate of Anthony Byron Mora
500 S.W.3d 132
| Tex. App. | 2016Background
- Trinidad Drilling contracted with Laredo Petroleum; contract required each to procure insurance and obtain insurer waivers of subrogation "for liabilities assumed hereunder." Worker’s compensation was listed in Exhibit A.
- Trinidad obtained WC coverage from New Hampshire Insurance Co. (NHIC) with a blanket waiver endorsement that applied when Trinidad was "required by a written contract to obtain this waiver."
- Trinidad employee Anthony Bryan Mora was electrocuted on a rig using an electric transfer pump that Laredo had provided; NHIC paid WC benefits to Mora’s family (≈ $143,242 and ongoing).
- Moras sued multiple defendants; NHIC intervened to assert subrogation rights. The Moras moved for summary judgment seeking a declaration that NHIC had waived subrogation; the trial court granted summary judgment for the Moras.
- On appeal NHIC challenged the waiver ruling, arguing the waiver endorsement only applied where Trinidad had contractually assumed liability for the accident; the Court of Appeals reversed and remanded, holding the waiver was not triggered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NHIC waived subrogation under its policy endorsement | Moras: endorsement applies because contract required Trinidad to obtain insurer waivers for "liabilities assumed" and Trinidad assumed liability under §14.8 | NHIC: endorsement applies only if Trinidad assumed liability for this accident; §14.7 shows Laredo furnished the pump and must indemnify Trinidad, so Trinidad did not assume liability | Reversed: waiver not triggered because Trinidad did not assume liability for the pump-related death under §14.7 |
| Whether Trinidad "assumed the liabilities of the defendants" for this accident | Moras: §14.8 broadly indemnifies Laredo for claims by Trinidad’s employees, so Trinidad assumed liability | NHIC: §14.7 (inspection/materials clause) makes Laredo indemnify Trinidad for losses from materials Laredo furnished (the pump), so Trinidad did not assume liability | Held for NHIC: contract context shows "materials" includes equipment like the pump; §14.7 applies, so Trinidad did not assume liability |
| Whether any waiver extended against non-Laredo defendants | Moras: waiver is broad and should bar NHIC against all defendants | NHIC: any contractual waiver (if applicable) would be limited to those for whom Trinidad agreed to procure a waiver (primarily Laredo) | Court did not address remaining issues after resolving dispositive issue (waiver inapplicable); declined to reach scope question |
Key Cases Cited
- Provident Life & Acc. Ins. Co. v. Knott, 128 S.W.3d 211 (Tex. 2003) (standard of review for summary judgment)
- Texas Mutual Ins. Co. v. Ledbetter, 251 S.W.3d 31 (Tex. 2008) (priority of first recovery to WC carrier and limits on employee recovery until carrier paid)
- Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's London, 327 S.W.3d 118 (Tex. 2010) (contract construction rules for insurance policies)
- Kelley-Coppedge, Inc. v. Highlands Ins. Co., 980 S.W.2d 462 (Tex. 1998) (give effect to all contract terms)
- Forbau v. Aetna Life Ins. Co., 876 S.W.2d 132 (Tex. 1994) (read contract provisions together)
- Scientific Spectrum, Inc. v. Martinez, 941 S.W.2d 910 (Tex. 1997) (defendant can obtain summary judgment by negating an essential element)
