Back in April 2013, the Fifth Circuit Court of Appeals ruled in favor of BP America Production Company (“BP”) regarding its status as an additional insured under Transocean Holdings, Inc.’s (“Transocean”) primary and excess liability policies for BP’s pollution related liability arising out of the DEEPWATER HORIZON oil spill. However, as explained in our October 2013 E-lert, the Fifth Circuit took the matter under rehearing and in August 2013, withdrew its prior opinion and instead substituted two certified questions to the Supreme Court of Texas. Continue reading >