[Download] "Helmerich & Payne International Drilling Co. v. Swift Energy Co." by In the Court of Criminal Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Helmerich & Payne International Drilling Co. v. Swift Energy Co.
- Author : In the Court of Criminal Appeals of Texas
- Release Date : January 11, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
This is a contract construction case arising out of a dispute between parties to a drilling contract. The contractor argues that, under its unambiguous terms, the drilling contract allocates responsibility for the loss in question to the operator. The operator relies on a line of federal cases that seek to give effect to both indemnity provisions and covenants to name another party as an additional insured. Faced with cross-motions for summary judgment, the trial court ruled in favor of the operator and rendered summary judgment against the contractor on the operators breach-of-contract claim. We conclude that, even if Texas were to adopt the line of cases upon which the operator relies, these cases do not apply to the drilling contract in this case. Because the unambiguous language of the drilling contract allocates responsibility for this loss to the operator, we reverse the trial courts judgment and render judgment granting the contractor the declaratory relief it sought in its petition and denying the operator recovery on its counterclaim. We also remand this case to the trial court for further proceedings regarding the contractors attorneys fees request.