Ironshore Specialty Ins Co. v. Aspen Underwriting, No. 13-51027 (5th Cir. 2015)
Annotate this CaseEndeavor and Basic entered into a master services agreement (MSA) containing an indemnity provision in which they agreed to cover any liability resulting from claims brought by their own employees, even if the other party was at fault. Ironshore, Endeavor's excess insurer, subsequently filed suit against Basic's excess insurers for a declaratory judgment, contending that Basic's insurers are obligated to provide coverage up to the full limits of their policies because the policies do not expressly limit the coverage available to an additional insured like Endeavor. In light of the Supreme Court's decision in In re Deepwater Horizon, the court affirmed the district court's grant of summary judgment to defendants because Basic was only "obliged" to procure $5 million in insurance. The court interpreted Deepwater Horizon to hold that the "Insured Contract" provision, standing alone, was a sufficient ground to incorporate the Drilling Contract's limitation on coverage for above-surface pollution.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.