SCF WAXLER MARINE, L.L.C. v. ARIS T M/V

No. 17-30805.

902 F.3d 461 (2018)

SCF WAXLER MARINE, L.L.C., Plaintiff v. ARIS T M/V, Defendant. In re: In the Matter of the Complaint of Cenac Marine Services, L.L.C., as Owner and Operator of the M/V LORETTA CENAC, Barge CTCO 338, Barge CTCO 339, and Barge CTCO Barge 357B, for Exoneration From or Limitation of Liability Cenac Marine Services, L.L.C., etc. Petitioner Valero Refining-New Orleans, L.L.C.; Motiva Enterprises, L.L.C., Third Party Plaintiffs Claimants-Appellants v. Continental Insurance Company; AGCS Marine Insurance Company; New York Marine and General Insurance Company; Stonington Insurance Company; National Specialty Insurance Company; Lloyd's Syndicates, Third Party Defendants-Appellees v. Shell Chemical, L.P., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 29, 2018.


Attorney(s) appearing for the Case

Keith Bernard Letourneau , Jeremy Alan Herschaft, Esq. , Blank Rome, L.L.P., Houston, TX, Michael H. Bagot, Jr. , Gerard Beauregard Gelpi, Esq. , Wagner, Bagot & Rayer, L.L.P., New Orleans, LA, for Third Party Plaintiff-Appellant VALERO REFINING-NEW ORLEANS, L.L.C.

Thomas Pollard Diaz , Brett Daniel Wise , Liskow & Lewis, P.L.C., New Orleans, LA, for Third Party Plaintiff-Appellant MOTIVA ENTERPRISES, L.L.C., SHELL CHEMICAL, L.P.

John Francis Emmett , Waits, Emmett, Popp & Teich, L.L.C., New Orleans, LA, for Third Party Defendant-Appellee CONTINENTAL INSURANCE COMPANY, AGCS MARINE INSURANCE COMPANY.

Patrick J. McShane, Esq. , Lara N. DiCristina , Timothy Patrick O'Leary, Esq. , Frilot, L.L.C., New Orleans, LA, for Third Party Defendant-Appellee NEW YORK MARINE AND GENERAL INSURANCE COMPANY, STONINGTON INSURANCE COMPANY, NATIONAL SPECIALTY INSURANCE COMPANY, LLOYD'S SYNDICATES.

Before STEWART, Chief Judge, and JONES and ENGELHARDT, Circuit Judges.


A stream of litigation followed a marine accident that resulted in damages estimated to exceed $60 million. The underlying fault or liability for that accident is not at issue on appeal. Rather, Valero, Shell, and Motiva ask this court to resolve whether the excess insurers of one of the involved vessels may limit their...

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