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GLOBAL PETROTECH, INC. v. ENGELHARD CORP.

Civ. A. No. H-92-907.

824 F.Supp. 103 (1993)

GLOBAL PETROTECH, INC., Plaintiff, v. ENGELHARD CORPORATION, Defendant and Third-Party Plaintiff, v. AIR CHINA INTERNATIONAL CORPORATION, Third-Party Defendants.

U.S. District Court, S.D. Texas, Houston Division.

June 8, 1993.

Attorney(s) appearing for the Case

Robert E. Meadows, Sewell & Riggs, Houston, TX, for plaintiff.

Don D. Martinson, Fannin, Harper & Martinson, Dallas, TX, for defendant.

MEMORANDUM

HUGHES, District Judge.

1. Introduction.

When a party to a commercial transaction insures itself against a casualty loss, and then the other party causes the loss by breaching the contract or committing a tort, can the defending party reduce the damages it owes by the insurance proceeds? Yes and no. While the public would benefit from a consistent, practical answer to the causes of action that arise in commercial transactions...

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