the Insurance Company of the State of Pennsylvania v. Kevin Roberts and Exxon Mobil Corporation
01-15-00453-CV
| Tex. App. | Oct 29, 2015Background
- ICSP appeals a trial court decision granting Roberts and Exxon judgment against ICSP on subrogation and related claims.
- Savage/Harris County service contract included a waiver of subrogation for liabilities assumed by Savage, tied to an external written contract.
- Savage was not contractually obligated to indemnify Exxon for the accident underlying Roberts and Munoz's claims.
- ICSP paid workers’ compensation benefits to Savage’s employees, preserving subrogation rights against third parties like Exxon.
- Exxon sought to collapse the waiver with a broad, global waiver not limited to ‘liabilities assumed,’ and contested whether the waiver applies when external contracts limit indemnity.
- The trial court granted summary judgment to Roberts/Exxon; ICSP seeks reversal and remand for ICSP’s intervention claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the waiver of subrogation applies only to liabilities assumed | ICSP argues waiver applies only to liabilities Savage assumed, not to this accident. | Exxon contends waiver covers all subrogation, andendorsement applies broadly regardless of external contracts. | Waiver limited to liabilities assumed; not triggered here. |
| Whether ICSP’s right to assert advances against future benefits was waived | Roberts argues recovery as an advance against future benefits is within waiver. | Exxon asserts waiver encompasses this as well under broader interpretation. | Waiver does not extend to advances against future benefits. |
| Whether Exxon’s Henagan affidavit supports summary judgment | ICSP objected to Henagan affidavit; argues parol evidence would govern. | Exxon contends affidavit supports summary judgment. | Henagan affidavit is irrelevant; not basis for affirming summary judgment. |
Key Cases Cited
- Ken Petroleum Corp. v. Questor Drilling Corp., 24 S.W.3d 344 (Tex. 2000) (waiver of subrogation tied to liabilities assumed under contract)
- Tesoro Petroleum Corp. v. Nabors Drilling United States, 106 S.W.3d 118 (Tex. App.—Houston [1st Dist.], 2002) (indemnity limits waiver to liabilities assumed; redundancy discussed)
- Argonaut Insurance Company v. Baker, 87 S.W.3d 526 (Tex. 2002) (subrogation and first-money recovery principles)
- Capitol Aggregates, Inc. v. Great American Ins. Co., 408 S.W.2d 922 (Tex. 1966) (subrogation and public policy background)
- American General Fire & Casualty Co. v. McDonald, 796 S.W.2d 201 (Tex. App.—San Antonio 1990) (first-money recovery and subrogation rights)
- Pan American Ins. Co. v. Hi-Plains, Inc., 350 S.W.2d 644 (Tex. 1961) (interpretation of indemnity and subrogation scope)
- Travelers Ins. Co. v. Seidel, 705 S.W.2d 278 (Tex. App.—San Antonio 1986) (indirect subrogation and waiver principles)