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Conoco, Inc. v. Medic Systems, Inc.

In Louisiana the public policy issue involved in enforcing an indemnity agreement is determined by the outcome of a suit against the indemnitee, not by the plaintiff's allegations.

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Appeal from the United States District Court For the Western District of Louisiana

Conoco, Inc. (Conoco) appeals the dismissal of its claim for contractual indemnity for attorney fees and costs incurred in the defense of a lawsuit brought against it on behalf of an employee of Medic Systems, Inc. For the reasons that follow, we reverse the district judge’s grant of defendants’ motion for summary judgment, grant Conoco’s motion for summary judgment, and remand for further proceedings.

Lonna Herronen, an employee of Medic Systems, Inc., worked as a paramedic on an oil production platform operated by Conoco and located on the Outer Continental Shelf off the coast of Louisiana. She was required to be available to attend to medical problems aboard the platform on a 24 hour basis. While aboard the platform, she was assaulted, battered, or raped by one or more unidentified assailants. Many months later she died of injuries sustained in an automobile accident.

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