Fifth Circuit Appellate Win on Maritime Contract Dispute
Brown Sims is proud to share a significant appellate victory for President Kenneth Engerrand and Shareholder Thear Lemoine before the United States Court of Appeals for the Fifth Circuit in a complex maritime insurance dispute. The dispute arose after a worker was injured while transferring equipment from a vessel onto a barge, leading to a $3.3 million personal injury judgment. After satisfying the judgment, our client pursued a breach of contract claim against a maritime contractor for failing to procure the required insurance coverage under a master services agreement. The Fifth Circuit reversed the lower court’s dismissal, agreeing with our argument that the contractor was contractually obligated to obtain proper Protection & Indemnity (P&I) insurance and excess liability coverage. This decision reinforces important contractual and insurance procurement obligations within the maritime industry and reflects our firm’s commitment to delivering strategic, results-driven advocacy in high-stakes insurance and commercial disputes.
