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Starr Indem. & Liab. Co. v. Exxon Mobil Corp.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
May 24, 2016
CIVIL ACTION NO. H-14-0725 (S.D. Tex. May. 24, 2016)

Opinion

CIVIL ACTION NO. H-14-0725

05-24-2016

STARR INDEMNITY & LIABILITY COMPANY, Plaintiff, v. EXXON MOBIL CORPORATION, Defendant.


MEMORANDUM AND ORDER

This insurance coverage dispute is before the Court on the Motion to Lift Stay and Transfer [Doc. # 39] filed by Starr Indemnity & Liability Company ("Starr"), to which Exxon Mobil Corporation ("Exxon") filed a Response [Doc. # 40], and Starr filed a Reply [Doc. # 43]. Based on the Court's review of the record, the Court denies the Motion to Lift Stay and Transfer

In this lawsuit, Starr seeks a declaratory judgment that Exxon is not an additional insured under insurance policies it issued to Savage Refinery Services, LLC ("Savage"). By Memorandum and Order [Doc. # 32] entered September 17, 2014, the Court stayed and administratively closed this case pending a final decision in the related state court lawsuit, Roberts v. Exxon Mobil Corp., Cause No. 2013-03033 (the "Roberts Suit"), filed by a Savage employee injured while working at the Exxon Baytown Refinery. Starr asks the Court to lift the stay because the state district court in the Roberts Suit has entered final judgment. Additionally, Starr asks the Court to transfer this case to the docket of the Honorable David Hittner to be consolidated with ExxonMobil Corp. v. Starr Indemnity & Liability Co., Civil Action No. H-15-1555 (the "Exxon Suit"). One of the many issues in the Exxon Suit is whether Exxon is an additional insured under the Starr insurance policies issued to Savage.

The Roberts Suit is currently on appeal to the First Court of Appeals, and therefore, the rulings in that case are not yet final. Because the Roberts Suit has not reached final conclusion, it is hereby

ORDERED that the Motion to Lift Stay and Transfer [Doc. # 39] is DENIED. Any request for this lawsuit to be consolidated into the Exxon Suit should be directed to Judge Hittner, who previously denied Starr's request to transfer the Exxon Suit to the undersigned.

SIGNED at Houston, Texas, this 24th day of May, 2016.

/s/_________

NANCY F. ATLAS

SENIOR UNITED STATES DISTRICT JUDGE


Summaries of

Starr Indem. & Liab. Co. v. Exxon Mobil Corp.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
May 24, 2016
CIVIL ACTION NO. H-14-0725 (S.D. Tex. May. 24, 2016)
Case details for

Starr Indem. & Liab. Co. v. Exxon Mobil Corp.

Case Details

Full title:STARR INDEMNITY & LIABILITY COMPANY, Plaintiff, v. EXXON MOBIL…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: May 24, 2016

Citations

CIVIL ACTION NO. H-14-0725 (S.D. Tex. May. 24, 2016)