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)
