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BALOISE INSURANCE COMPANY OF AMERICA v. SOUTHWEST FREIGHT OF SAN ANTONIO, INC.

Civ. A. No. H-88-1418.

698 F.Supp. 674 (1988)

The BALOISE INSURANCE COMPANY OF AMERICA, Plaintiff and Counter Defendant, v. SOUTHWEST FREIGHT OF SAN ANTONIO, INC., Defendant, Counter Plaintiff, and Cross Defendant, and American President Lines, Ltd., Defendant and Cross Plaintiff.

United States District Court, S.D. Texas, Houston Division.

November 11, 1988.

Attorney(s) appearing for the Case

Hugh J. Plummer, Bradshaw & Plummer, Houston, Tex., for plaintiff and counterdefendant.

John F. Unger, Royston, Rayzor, Vickery & Williams, Houston, Tex., for American President Lines, Ltd.

Richard P. Colquitt, Fulbright & Jaworski, Houston, Tex., for Southwest Freight of San Antonio, Inc.

MEMORANDUM ON PARTIAL SUMMARY JUDGMENT

HUGHES, District Judge.

This court must resolve whether Southwest Freight, by having an interchange agreement with American President Lines, Ltd., has impaired The Baloise Insurance Company of America's contractual right of subrogation under the inland transit policy to pursue American President Lines. The indemnity clause of the interchange agreement does not impair the subrogation rights of Baloise. When Baloise makes...

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