Questions are certified to the Texas Supreme Court in this case involving insurance claims following the Deepwater Horizon accident: 1. Does Atofina compel a finding that BP is covered for the damages at issue, because the language of the umbrella policies alone determines the extent of BP's coverage as an additional insured if, and so long as, the additional insured and indemnity provisions of the Drilling Contract are "separate and independent"? 2. Whether the doctrine of contra proferentem applies to the interpretation of the insurance coverage provision of the Drilling Contract under ATOFINA given the facts of this case? 5th U.S. Circuit Court of Appeals, No. 12-30230, 08-29-2013.
In re Horizon
August 29, 2013