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Gainsco Insurance Co. v. Amoco Production Co.8/19/2002
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Surely, that public policy is realized as much by allowing an implied indemnity claim in the face of the worker's compensation bar as it is by allowing an express indemnity claim in the same situation.
[ ] In the instant case, Kobbe's independent duty to Andrews, arising out of the oral contract, was to perform work under the contract in a workmanlike fashion. If Kobbe violated that duty to Andrews through some act of negligence, which act resulted in Abraham's death, and Andrews became liable for those damages, Kobbe should indemnify Andrews for Kobbe's share of the fault. As a question of fairness, it makes no difference that Kobbe's obligation arose impliedly out of the contractual relationship rather than by express agreement. We hold that worker's compensation immunity does not bar third- party claims based upon implied indemnity.
[ ] The next question is whether Gainsco was prejudiced by dismissal of the third-party complaint against Kobbe. Gainsco, representing Andrews, sought indemnity from Kobbe for whatever portion of the eventual damages that might be attributed to Kobbe's negligence. The settlement between Amoco and Andrews stated that "in the face of a likelihood of being exposed to a large verdict," Amoco had settled with the Abraham Estate. There is no explanation why Amoco required dismissal of Andrews' claim against Kobbe, and the settlement agreement does not express an intention that the payment was partially to cover Kobbe's share of the fault. Yet, the settlement between Amoco and Andrews clearly extinguished Gainsco's ability not only to pursue Kobbe for indemnity, but even to determine what percentage of fault, if any, might be Kobbe's.
[ ] This issue was raised directly by Gainsco in its motion for summary judgment, but it was ignored in the district court's decision letter. In fact, the district court made the erroneous assertion that "GAINSCO was fully informed at every step of the actions that followed." The district court noted specifically that Amoco would not likely have been apportioned 100% of the fault in this case, and that Kobbe, through Abraham's conduct, probably would also be found at fault. But the district court never went on to recognize that the Abraham/Kobbe fault was the cornerstone of Ga insco's implied indemnity argument. Gainsco is certainly correct in its assertion that, had the third-party complaint not been dismissed, Gainsco could have pursued Kobbe for indemnity. Gainsco was prejudiced by the settlement between Amoco and Andrews.
Issue No. 8: Did the district court err as a matter of law when it held that the stipulated judgment amount of $795,901.00 was a reasonable amount?
[ ] Amoco settled the Abraham Estate's wrongful death action for $650,000.00. Interest, costs and attorneys' fees brought the amount up to $795,901.00 in Amoco's stipulated judgment against Andrews. By the time the district court granted Amoco judgment against Gainsco, the figure was $1,299,501.00. At issue here is the reasonableness of the second figure--the amount of the settlement between Amoco and Andrews.
[ ] In their settlement agreement, Amoco and Andrews recited numerous facts that suggested the possibility of a large judgment in the wrongful death action. Gainsco does not contest the reasonableness of the $650,000.00 Amoco paid to settle that action. The issue, instead, is the reasonableness of Andrews agreeing to entry of a $795,901.00 judgment against it in favor of Amoco when the limit of its indemnity agreement was $300,000.00. Amoco has not contended that Andrews was insured for more than the required $300,000.00 minimum.
[ ] Amoco concedes that an insurer who has rejected an
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Wyoming Personal Injury Attorneys
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