Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Shell Petroleum Corp. owns a large oil & gas refinery near Beaumont, TX. The refinery equipment needs constant maintenance and upkeep. Shell uses outside contractors
Shell Petroleum Corp. owns a large oil \& gas refinery near Beaumont, TX. The refinery equipment needs constant maintenance and upkeep. Shell uses outside contractors for this work. One of the contractors Shell uses is Fields Equipment \& Repair, Inc. Shell has written contracts with each of these contractors and the contracts contain an Intermediate Indemnity Provision. This means that the contractor has to defend and indemnify Shell for any injury or damage that happens that arises from the work the contractor is doing for Shell as long as the contractor is at least 1% at fault for causing the injury or damage. On September 8, 2022, Darnell Mooney is seriously injured when a convection unit at the refinery explodes. Mooney is employed by a contractor other than Fields. Mooney hires a lawyer and files a lawsuit against Fields and Shell. The lawsuit asserts Fields is at fault as it performed its maintenance services on the convection unit improperly. It also asserts Shell is liable because the convection unit (owned and designed by Shell) was improperly designed and that this improper design was a cause of the accident. Shell contacts Fields and demands defense and indemnity from it for Mooney's claims. Fields had a CGL policy with Vermont Property \& Casualty which was in effect when Mooney was injured. Fields asks Vermont whether the policy provides contractual liability coverage for its defense and indemnity obligation to Shell. 1. Does the CGL policy provide contractual liability coverage? If so, cite the page number and paragraph where this is found in the CGL policy? 2. Assume the policy does provide such coverage and that Vermont agrees to defend Shell in Mooney's lawsuit. Do the defense costs incurred by Vermont in defending Shell reduce the policy limits? If so, cite the page number and paragraph where this is found in the CGL policy. 3. Vermont must defend both Shell and Fields. It must hire separate lawyers for each because there is a conflict of interest between the two defendants. Explain why there is a conflict of interest
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started