Opinion
CIVIL ACTION NO. 3:98-CV-2112-G.
July 13, 2000.
MEMORANDUM ORDER
Before the court is the motion of the plaintiff, Harken Exploration Company ("Harken"), pursuant to Rule 54, F.R. Civ. P., for an award of attorneys' fees and expenses. Harken incurred these expenses in successfully pursuing coverage from the defendants Sphere Drake Insurance P.L.C. ("Sphere Drake") and Commercial Underwriters Insurance Company ("CUIC") in this court. See Memorandum Order of February 9, 2000. The Fifth Circuit Court of Appeals recently asked the Texas Supreme Court, by certified question, to explain whether or not a successful plaintiff in a suit such as Harken's may recover attorneys' fees incurred in pursuing this action. See Federated Mutual Insurance Company v. Grapevine Excavation, Inc., 197 F.3d 720, 729-30 (5th Cir. 1999). On July 6, 2000, the Texas Supreme Court answered this question in the affirmative. See generally Grapevine Excavation, Inc. v. Maryland Lloyds, 2000 WL 890386, at *1 (Tex. 2000).
Thus, this court's judgment that Sphere Drake and CUIC breached their policy contracts entitles Harken to recover its attorneys' fees pursuant to TEX. Civ. PRAC. REM. CODE §§ 38.001, et seq. Harken has incurred $53,391.50 in attorneys' fees and $6,538.35 in expenses in pursuing coverage from Sphere Drake and CUIC due to their breach. See Supplemental Affidavit of Patrick J. Wielinski in Support of Plaintiffs' Motion for Award of Attorneys Fees, attached as Exhibit A to Rule 54 Motion for Award of Attorneys Fees and Expenses. Therefore, this court awards Harken $59,929.85 in attorneys' fees and expenses. Judgment will be entered that Harken recover that amount from the defendants.
SO ORDERED.