News & Results: Insurance

Summary Judgment Win Against Major Trucking Company

Ware Jackson partners Tyler Henkel and Avery Sheppard secured a complete victory, through summary judgment, in a coverage matter in which an alleged additional insured sought defense, indemnity, statutory penalties, and attorneys’ fees for a lawsuit arising out of a trucking accident. In the underlying case, the plaintiff and intervenor each pled that they sought damages in excess of $1,000,000 in damages.

Client, Exxon, Recovers Insurance Claim for Exxon Valdez Oil Spill

Eileen O’Neill served as co-trial counsel with Mr. Don Bowen of Helm, Pletcher, Bowen and Saunders and Mr. George Bramblet of Haynes and Boone, LLC, in the trial of a case brought by Exxon Corporation against Certain Underwriters at Lloyd’s of London to recover over $1 billion in insurance coverage for damages paid by Exxon as a result of Exxon Valdez grounding and oil spill in Prince William Sound outside Valdez, Alaska. A substantial part of the case was settled prior to trial pursuant to a confidential settlement agreement, and the rest of the case was tried to a jury which returned a verdict favorable in all respects to Exxon. The court entered judgment in favor of Exxon for a total of $410,345,119.72, comprised of actual damages of $238,473,752.50, pre-judgment interest of $151,106,406.87, and attorney fees and costs of $10,764,960.35, plus attorney fees for appeal in the amount of $1,500,000 in the event the case was appealed and Exxon prevailed. The parties mediated the judgment while appeal was pending and reached a favorable, confidential settlement.