Motion-Secondary: TOTAL PETROCHEMICALS & REFINING USA INC vs. KINDER MORGAN PETCOKE LP

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                                CAUSE NO. 2017-48075

 TOTAL   PETROCHEMICALS  &                                  IN THE DISTRICT COURT OF
 REFINING USA, INC., and
 ACE PROPERTY & CASUALTY
 INSURANCE COMPANY,
                                                          HARRIS COUNTY


 KINDER MORGAN                    PETCOKE, LP
 AND     KINDER                       MORGAN              164th DISTRICT COURT
 PETCOKE GP LLC


            Order on TOTAL Petrochemicals & Refining USA, Inc.’s Cross Motion
               for Summary J udgment on Liability and Ace Property & Casualty
                    Insurance Company’s Motion for Partial Summary Judgment


         On the 24th
                   day of June 2019, came on to be heard Plaintiff TOTAL        Petrochemicals &

Refining USA, Inc.’s (“TOTAL’s”) Cross-Motion for Summary Judgment on Liability and Ace

Property & Casualty Insurance Company’ s (“Chubb’s”) Motion for Partial Summary Judgment.

          The Court, having considered the motions, responses and replies, and the arguments of

counsel hereby:

          GRANTS TOTAL’s Cross-Motion for Summary Judgment on Liability and Chubb’s

Motion for Partial Summary Judgment and holds as follows:

              Kinder Morgan Petcoke LP breached the Coke Cutting and Crane Contract (“the

                Contract”);

              Kinder Morgan Petcoke
                               LP’s breaches of the Contract
                                                       caused TOTAL and its excess

              carrier Chubb, damagesby in creasing the amount they had to pay to resolve the

                “Underlying Claims” (as that term is used in the Motions for Summary Judgment);

              Kinder Morgan Petcoke GP LLC is also liable as Kinder MorganPetcoke LP’s

                General Partner pursuant to § 153.152(b) of the Texas Business Organizations Code.



4815-4249-5643.1/A7284/A26161/062519
The issue of the amount of damages suffered by TOTAL and Chubbremains pending

before this Court.

        Dated this              day of June 2019.




        Judge Presiding




   4249 5643.1/A7284/A26161/062519