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Dickinson, ND 58601
VISIT FIRM’S SITE

Randall Sickler and Nicholas Grant of Ebeltoft . Sickler . Lawyer . PLLC were recently successful in obtaining summary judgment in North Dakota state court on behalf of their client on claims arising from an explosion and fire at a commercial building. Their client, B&B Hot Oil Service, Inc., an oilfield service company working in the Bakken shale development, leased space at the building. The owners of the building and the insurance company insuring the building sought damages in excess of $450,000. The claims included breach of contract, negligence, strict liability, res ipsa loquitor, and subrogation by the insurer. Attorneys Sickler and Grant argued that the property insurer was barred from seeking subrogation against B&B Hot Oil Service, Inc. due to the implied co-insured, or “anti-subrogation,” rule. They further argued that the owners waived all of their claims, regardless of fault and regardless of whether or not the claim was based in contract or tort, against B &B Hot Oil Service, Inc. for damages based on a waiver provision found in the lease agreement. The owners and their insurer cross-moved for summary judgment, arguing that the indemnity provision of the lease extended to the owners’ own property loss and also contained an express agreement that B&B Hot Oil Service, Inc. was not an implied co-insured under the property casualty policy.  The court disagreed, granting complete summary judgment in favor of B&B Hot Oil Service, Inc. and denying the owners’ and insurer’s cross-motion for summary judgment.