Exhibit,Appendix: TOTAL PETROCHEMICALS & REFINING USA INC vs. KINDER MORGAN PETCOKE LP

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                                EXHIBIT “
8/12/2019 2:33 PM
                                                                                                  Marilyn Burgess - District Clerk Harris County
                                                                                                                       Envelope No. 35886043
                                                                                                                            By: Tiffany Jefferson
                                                                                                                      Filed: 8/12/2019 2:33 PM

                                                          CAUSE NO. 2017-48075

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


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


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


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

             Refining USA,          Inc.’s Cross-Motion for Summary Judgment on Liability and Ace Property &

             Casualty Insurance Company’s Motion for Partial Summary Judgment.

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

             counsel hereby:

                       GRANTS TOTAL Petrochemicals & Refining USA, Inc.’s (“TOTAL’s”) Cross-Motion

             for Summary Judgment on Liability and Ace Property & Casualty Insurance Company’s
                                                            It is therefore ORDERED Chubb's claims for subrogation
                        2g?
               (“Chubb’s”) Motion for Partial Summary Judgment                                    are granted.
It is further ORDERED that Total's and Chubb's claims for breach of contract against Kinder Morgan Petcoke, LP
                     CEATVFFOR BREACH OF CONTRACT                                  are granted as to liability only.




                                                 ing to carry the required minimum insurance policies i
                                             with the té               ntract:

                                             Failin:                ”s employees additi                   on the excess
                                             msurance policy Kinder Morgan Petcoke LP did carry;



             4831-4193-5263.1/A7284/A26161/080919
Limiting TOTAL’s status as an additional insured on Kinder Mor;
                                  ‘etcoke LP’s excess insurance policy to the scope of Kinde  Organ
                                 Pei       ¢ LP s indemnity;

                                 Failing to pro’     any coverage to TOTAL       Tts employees as
                                 additional insureds        rimary and n,  ontributory basis, including
                                 failing to pay the amount    CSS:      inder its self-insured retention to
                                 cause its excess insurance           apply and cover TOTAL and its
                                 employees on a prim        d non-con'        tory basis as required by the
                                 Contract;

                                 Failin;      give TOTAL notice that the scope of covera      fforded to
                                        ‘AL had been materially limited compared to earlier Kim     Morgan
                                 policies, which would have covered TOTAL and its employees fot
                                 Counts incident.
                  inder Morgan            Petcoke LP’s breach of the Contract caused TOTAL                      dama;

                depriving                    and its employees of primary and non-contril                       coverage for

                the Underlying Claims ai                       out of the fatal injury     ary Counts;

                Kinder Morgan Petcoke GP LLC is Ii                             s Kinder Morgan Petcoke LP’s General

                Partner pursuant to § 153                       ) of the Texas Busines        anizations Code; and

                The issue of              amount of damages suffered by TOTAL remains pé                         before this

                    wrt.


                    B’S CLAIM FOR CONTRACTUAL                                SUBROGATION

                As set      {0         in Paragraphs      1-4 above, TOTAL         is entitled to g         ary judgment on

                liability for its breac!           contract claim against Kind             organ;

                Pursuant to its excess insurancé                       icy      ed to TOTAL,        Chubb    is contractually

                subrogated to TOTAL’s                  right        recover          e breach(es) of Contract       set forth

                herein.

                Kinder           Tgan Petcoke LP’s breach of the Contract caused Chi                            damages by

                  lepriving TOTAL and its employees of coverage for the Underlying Claims art




4831-4193-5263.1/A7284/A26161/080919
oul              atal injury of Gary Counts that should have been primary t         On-


                contributory with, Chubb’s covéi               ose clai.

          8.    The issue of the amount                 ges suffered by Chubb rem        ng before this




          Dated this              day of August 2019.

           Signed:
         8/17/2019
                              Mba, Dmg
          Judge Presiding




4831-4193-5263.1/A7284/A26161/080919