Miller v. Nabors Offshore Corporation, et al

Filing 75

ORDER & REASONS granting 70 Motion for Summary Judgment. Plaintiffs claims against Defendant Gemini Insurance Company is DISMISSED WITH PREJUDICE. Signed by Judge Susie Morgan on 9/7/2017. (Reference: 17-1542)(caa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CANDICE TRUDY MILLER, ET AL.,
Plaintiffs

CIVIL ACTION

VERSUS

NO. 16-2892
c/w 17-1542

NABORS OFFSHORE
CORPORATION, ET AL.,
Defendants

SECTION "E" (1)

APPLIES TO: 17-1542
ORDER & REASONS
The Court has pending before it Gemini Insurance Company's motion for summary
judgment against the Plaintiffs. 1 The Plaintiffs did not file an opposition to the motion.
Accordingly, the Court considers Plaintiff's statement of uncontested facts to be admitted
pursuant to LR 56.2. Although the dispositive motion is unopposed, summary judgment
is not automatic and the Court must determine whether Plaintiff has shown entitlement
to judgment as a matter of law. See, e.g., Johnson v. Pettiford, 442 F.3d 917, 918 (5th Cir.
2006); Fed. R. Civ. P. 56(a).
According to Plaintiff's statement of uncontested facts, the Gemini Insurance
Company Energy Commercial General Liability Policy issued to Whistler Energy II, LLC
was written and delivered in Texas and this suit arises from an alleged tort that occurred
aboard a fixed platform located in the Gulf of Mexico, off the coast of Louisiana, on the
Outer Continental Shelf. 2 Louisiana’s direct action statute provides a direct cause of

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2

R. Doc. 70.
R. Doc. 70-3.

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action against the insurer of an alleged tortfeasor when the policy was written or delivered
in Louisiana or the alleged tort occurred in Louisiana. 3
In the absence of any opposition filed by the Plaintiffs, the Court concludes that
this satisfies Plaintiff's burden to show that the Plaintiffs do not have a direct action
against Gemini Insurance Company.
For the foregoing reasons;
IT IS ORDERED that Gemini Insurance Company’s motion for summary
judgment motion is GRANTED. Plaintiffs’ claims against Defendant Gemini Insurance
Company is DISMISSED WITH PREJUDICE.
New Orleans, Louisiana, this 7th day of September, 2017.
___ ______________ ________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE

Quarles v. Helmerich & Payne Int’l Drilling Co., No. CV 16-2038, 2017 WL 2634203 (E.D. LA. June 19,
2017). See also La. R.S. 22:1269.
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