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Lefort v. C & E Boat Rental3/28/2001
n, if any, arose out of and was directly connected with navigation of the vessel for Chevron.
Pursuant to either focus of our analysis, the agreement by C&E;to indemnify and defend Chevron obligates C&E;under the undisputed facts at this stage of the case. As previously noted, C&E;could have availed itself of an indemnity agreement that did not encompass explicit language binding itself to indemnify and defend in situations involving the strict liability and/or negligence of the platform owner which was also the charterer. However, having entered into such an agreement, C&E;is bound thereby and is presumed to have consented to its contents. See Sonnier v. Boudreaux, 95-2127, p. 7 (La.App. 1 Cir 5/10/96), 673 So.2d 713, 717. Although the law does not compel parties to inform themselves of the contents of instruments which they may choose to sign, except in certain exceptional cases, it holds them to the consequences, in the same manner and to the same extent as though they had exercised those rights. Signatures to obligations are not mere ornaments, and it is incumbent upon the party signing such obligation to examine it before signing it in ignorance of its contents. Id., citing Tweedel v. Brasseaux, 433 So.2d 133, 137 (La. 1983).
Finally, there are many factual matters that must be determined on the merits. However, they are not material to the issue of whether Chevron is entitled to indemnity and a defense as a matter of law. C&E;s argument to the contrary is without merit.
CONCLUSION
We affirm the judgment of the trial court denying the motion for summary judgment filed by C & E Boat Rental, Inc. and granting the motion for summary judgment filed by Chevron U.S.A., Inc. We assess C & E Boat Rental, Inc. with all costs of this appeal.
AFFIRMED.
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