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Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co.

Court: 5th Cir  04/17/2019  Fifth Circuit Reverses District Court's Ruling on Waiver of Subrogation and Arbitrability Issue in MSA, Affirms Lack of Personal Jurisdiction over Insurer

The Fifth Circuit found that the insurer did not waive its subrogation rights in its insured's MSA and remanded the case to be stayed pending arbitration; however, on the remaining breach of contract claims, the court agreed that the district court lacked personal jurisdiction over the insurer even though it was issued to a Texas insured because it was underwritten in Louisiana and procured by a surplus lines broker in Oklahoma.

pollution legal liability insurance policy, pollution event, subrogation, arbitration, assumption of liability, arbitrable, motion to dismiss, personal jurisdiction, minimum contacts, waiver

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