54,161-CA Precedential Affirmed and Corrected Processed

Federal Insurance Company, Commerce and Industry Insurance Company, Lexington Insurance Company, Exco Operating Company, LP, and Exco Resources, Inc. v. Select Energy Services, LLC, SES Holdings, LLC, Zurich American Insurance Company, American Guarantee and Liability Insurance Company and Evanston Insurance Company

Louisiana Court of Appeal, Second Circuit · Filed April 27, 2022

Opinion text

Judgment rendered April 27, 2022.

No. 54,161-CA

ON REHEARING

COURT OF APPEAL
SECOND CIRCUIT
STATE OF LOUISIANA

*****

FEDERAL INSURANCE Plaintiffs-Appellees
COMPANY, COMMERCE AND
INDUSTRY INSURANCE
COMPANY, LEXINGTON
INSURANCE COMPANY, EXCO
OPERATING COMPANY,
LP AND EXCO RESOURCES,
INC.

versus

SELECT ENERGY SERVICES, Defendants-Appellants
LLC, SES HOLDINGS, LLC,
ZURICH AMERICAN
INSURANCE COMPANY,
AMERICAN GUARANTEE AND
LIABILITY INSURANCE
COMPNAY AND EVANSTON
INSURANCE COMPANY

*****
Per Curiam on Rehearing
Originally Appealed from the
Forty-Second Judicial District Court for the
Parish of DeSoto, Louisiana
Trial Court No. 77378

Honorable Eric R. Harrington, Judge (Pro Tempore)

*****

GAUDRY, RANSON, HIGGINS & Counsel for Appellants,
GREMILLION, L.L.C. Select Energy Services,
By: Michael D. Peytavin LLC and SES Holdings,
LLC

BRINEY FORET CORRY, LLP Counsel for Appellants,
By: Charles J. Foret Zurich American
Jason Roy Garrot Insurance Company and
American Guarantee &
Liability Insurance
Company

FRILOT, LLC Counsel for Appellant,
By: Danica Benbow Denny Alterra American
Kathleen Pontier Rice Insurance Company
Patrick J. McShane

GIEGER, LABORDE & LAPEROUSE, LLC Counsel for Appellees,
By: Robert Irwin Siegel Federal Insurance
Jameson Michael Taylor Company, Commerce &
Industry Insurance
Company, and
Lexington Insurance
Company

ADAMS AND REESE, LLP Counsel for Appellees,
By: Martin A. Stern Federal Insurance
Raymond Peter Ward Company, Commerce &
Industry Insurance
Company, and
Lexington Insurance
Company

BARRASSO, USDIN, KUPPERMAN, Counsel for Appellees,
FREEMAN & SARVER, LLC EXCO Operating
By: Steven William Usdin Company, LP & EXCO
Stephen R. Klaffky Resources, Inc.

*****

Before MOORE, PITMAN, STONE, STEPHENS, and ROBINSON, JJ.

Per Curiam
We granted rehearing solely for the purpose of correcting an

error in stating that Select’s insurers paid $31 million in settlement of

the Paredes lawsuit. Select’s insurers actually settled that case for $1

million. Our error was the result of transposing the settlement

amounts in the Paredes lawsuit and the Rodgers lawsuit. Our original

opinion is hereby affirmed, and is corrected as stated herein.