PPI Technology Services, L.P. v. Liberty Mutual Ins. Co., No. 12-40189 (5th Cir. 2012)
Annotate this CaseLiberty Mutual insured PPI and PPI was retained by several third parties to assist in planning well-drilling operations. After a well was drilled in the wrong area, PPI was sued by the third parties, PPI then sought defense and indemnification from Liberty Mutual but Liberty Mutual refused. The court affirmed the district court's dismissal of PPI's breach of contract claim because it had no duty to defend. Both parties acknowledged that the duty-to-indemnify issue was now moot. Because the court affirmed the breach of contract claim's dismissal, the court affirmed the breach of the Texas Insurance Code claim and breach of the good faith and fair dealing claims.
The court issued a subsequent related opinion or order on March 4, 2013.
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