Evanston Insurance v. Forest Oil Corp.

123 F. Supp. 3d 848, 2015 U.S. Dist. LEXIS 105827, 2015 WL 4756592
District Court, W.D. Louisiana·Decided August 10, 2015·No. Civil Action No. 5:13-cv-00238·Published

Opinion

MEMORANDUM RULING

ELIZABETH E. FOOTE, District Judge.

Before the Court is a motion for summary judgment by the Plaintiff, Evanston Insurance Company (“Evanston”), seeking a ruling by the Court that it does not have a duty to defend or indemnify its insureds, Arkla Tex Gyro Services, LLC and Justin Hoops (collectively, “Arklatex”).1 For the reasons stated herein, Evanston’s motion for summary judgment will be GRANTED in part and DENIED in part.

I. Factual and Procedural Background

On July 10, 2006, Rubert and Judith Madden (“the Maddens”) executed an oil, [850] gas and mineral lease in favor ,of EnSight III Energy Partners, LP, (“EnSight”) covering a 479 acre tract of land located in Sections 17, 18, 19 and 20, Township 14 North,,Range 9 West, Red River Parish, Louisiana (the “subject lease”). The subject lease was assigned by 'EnSight to Forest Oii Corporation (“Forest Oil”) on March 1,' 2008.2 The Madden 17-01H Well (the “Madden 17 well”), which encompassed their property, was spud on April 21, 2010 and began to produce gas on August 1,2010.3

On December Í, 2011, Forest Oil obtained a siirface and subsurface lease from the- Maddens, giving it the right to utilize the surface of the Madden’s property to drill a directional well to adjoining properties for the purpose of producing oil. and gas from properties, not owned by the Maddens.4 Before Forest Oil began the process of drilling the Madden 20-01H well (the “Madden 20 well”) on the surface of the Maddens’ property, it hired Arida-tex to conduct a gyroscopic survey from a depth of 0 feet to 10,560 feet on the Madden 17 well.5 During the relevant time period, Evanston Insurance Company (“Evanston”) provided a Professional Liability Coverage policy to Arklatex,6 and St. Paul Fire and Marine Insurance Company (“St. Paul”) provided a multi-form policy to Arklatex.7

On March 19, 2012, as Forest Oil began to drill the Madden 20 well, the wellbore of the Madden 20 well encountered the well-bore of the producing Madden 17 well, causing a collision.8 The Madden 17 well has not produced gas since the collision.9

The Maddens filed a lawsuit against Forest Oil and Arklatex in the 39th Judicial District Court of Red River Parish, Louisiana, seeking to • cancel the subject lease and the surface lease, as well as the recovery of damages.10 Forest Oil filed an answer to the Madden’s state court suit and issued a .third-party demand against Arklatex.11 Forest Oil contends that the survey conducted by Arklatex was incorrect, and that although it drilled the Madden 20 well within its designated trajectory, the error in Arklátex’s survey caused the damage from the contact between the two wells;12 Forest Oil seeks the following damages in the state court suit:

(1) Additional costs incurred in the drilling and completion of the Madden 20-01H Well as a result of the collision;
(2) Diagnostic work incurred • on the Madden 17-01H Well as a result of the collision; and
(3) The estimated costs to repair the Madden 17-01H Well and return it to production.13

Forest Oil also requests damages “in any amounts for which it may be cast in judgment to the Plaintiffs in the principal demand and all damages which may result from a judicial cancellation of the Surface Lease, and/or the subject oil, gas and mineral lease.”14

[851] Evanston filed the instant suit seeking a declaratory judgment against Forest Oil, the Maddens, ,and Arklatex.15 Evanston argues that, based on the policy language, it has no duty to defend or indemnify Arklatex for the claims , made by the Maddens or Forest Oil in the state court suit.

Arklatex joined St. Paul as a third party Defendant.16 St. -Paul- answered the complaint and counterclaimed Arklatex, Forest Oil, and the Maddens.17 Evanston filed the instant motion for summary judgment,18 which was opposed by St, Paul,19 Forest Oil,20 and St. Paul.21

II. Summary Judgment Standard

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Evanston Insurance v. Forest Oil Corp., 123 F. Supp. 3d 848, 2015 U.S. Dist. LEXIS 105827, 2015 WL 4756592 (W.D. La. 2015).

123 F. Supp. 3d 848 (Evanston Insurance v. Forest Oil Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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