Julia M. (Adams) Palmer

Transcription

1 Julia Palmer, formerly Julia Adams, is an active and respected member of the admiralty and energy bar. Her practice focuses on marine, energy and insurance issues. For more than 30 years, Julia has handled marine and energy litigation, including collision cases, hurricane losses, onshore and offshore oil and gas claims, hydraulic fracturing cases, marine and energy products liability litigation, the defense of personal injury and death actions, contract and lien claims, dock and stevedore liabilities and subrogation litigation. Her expertise includes the handling of down hole losses, environmental claims, property damage, business interruption, vessel and dock operations and offshore and marine construction. Julia is often called upon to analyze insurance, indemnity and defense provisions in marine and drilling contracts, as well as complex issues arising under the Outer Continental Shelf Lands Act. Julia counsels domestic and international clients on a wide variety of complex insurance coverage issues. She also works with clients to develop policy language. She regularly handles insurance coverage and bad faith litigation, as well as broker errors and omissions litigation. Representative Experience Admiralty Representation in litigation and on appeal of international owners and operators of an offshore facility with regard to a damages arising from a vessel allision Successful representation offshore rig owner and underwriters in trial and on appeal, resulting in a multi-million dollar recovery for a vessel allision Successful defense of motion to dismiss case based on forum non conveniens and successful defense of multiple related appeals Successful representation of Japanese shipyard with regard to complex personal injury products liability action Defense judgment in trial of bad faith coverage case for constructive total loss of a vessel and successful defense of appeal Defense judgment in trial of bad faith coverage case for alleged hurricane damage to a vessel Successful summary judgment of personal injury action based upon lack of admiralty jurisdiction and successful defense of appeal Regularly counsel and advise clients regarding indemnity, defense Julia M. (Adams) Palmer 1300 Post Oak Blvd. Suite 2000 Houston, TX jpalmer@grayreed.com D: C: T: F: Practices Admiralty and Maritime Law Commercial Litigation Energy Appellate Law Education J.D., cum laude, Houston College of Law, 1982 (formerly South Texas College of Law) South Texas Law Journal, Special Maritime Edition, Editor; Order of the Lytae B.A., with honors, University of Dayton, 1979 Bar Admissions Texas Court Admissions United States Supreme Court United States Court of Appeals, Fifth Circuit United States Court of Appeals, Tenth Circuit United States Court of Appeals, Eleventh Circuit United States District Court, Eastern District of Texas United States District Court,

2 and insurance provisions and maritime contracts Energy Successful representation of an operator with regard damage resulting from the negligent directional drilling of multiple horizontal wells Successful representation of an operator with regard to failed down hole casing, resulting in substantial damage to a well Successful jury trial representation of an operator with regard to catastrophic failure of equipment during hydraulic fracturing operation, resulting in a multi million dollar judgment Representation of insurers with regard to offshore hurricane damage claims and related litigation including deepwater facility claims, claims for rig and pipeline damage and loss of production income claims Successful defense of energy companies involved in demands and lawsuits arising out of knock for knock indemnity and defense agreements, additional insured requirements and waivers of subrogation Successful representation of excess insurers with regard to subsea pipeline damage and coverage litigation Successful representation of excess insurer with regard to alleged failure of an injection well and claim for reservoir damage Northern District of Texas United States District Court, Southern District of Texas United States District Court, Western District of Texas Insurance Successful declaratory judgment action upholding the application of the crew sublimit in a P&I policy Successful declaratory judgment action arising out of claim for coverage for a vessel stranded and a barge lost off the coast of Cuba Successful summary judgment on demands for indemnity, defense and additional insured status under charter agreements and successful defense on appeal Representation of excess underwriter with regard to deepwater blowout and related indemnity and insurance coverage and stacking issues Representation of CGL insurer with regard to coverage issues arising out of pipeline loss and resulting fatality Representation of professional liability insurer with regard claims arising out of environmental clean-up operations Representation of domestic and international insurers regarding review and issuance of coverage opinions under the following policy forms:

3 Energy Package Policy Operators Extra Expense Commercial General Liability Marine General Liability Bumbershoot/Umbrella/Excess Marine Hull, Protection & Indemnity, Cargo and Builder s Risk Policies Property Policies Homeowner s Policies Professional Liability Environmental Employer s Liability Marine Containers Published Cases United Specialty Ins. Co. v. Porto Castelo, Inc., CV H , 2016 WL at *2 (S.D. Tex. May 5, 2016); Successful declaratory judgment action enforcing crew sublimit in P&I policy. Cotemar S.A. De C.V. v. Hornbeck Offshore Serv., 569 Fed.Appx. 187, 190 (5th Cir.014); Successful remand of district court s grant of a motion to dismiss based on forum non conveniens. S&J Diving v. Procentury Insurance Company, 2012 WL (SD TX 2012); Successful trial of suit for insurance coverage and extra contractual damages. Channette v. Neches Gulf Marine, 440 Fed.Appx. 258 (5th Cir. 2011); Successful summary judgment on demands for indemnity and defense under two charter parties and successful defense of appeal. Perforaciones Exploracion Y Produccion v. Maritimas Mexicanas, 356 Fed.Appx. 675 (5 th Cir 2009); Successful defense of motion to dismiss allision case based on forum non conveniens, prevailed at liability trial and successful defense of appeal, motion for rehearing and petition for writ of certiorari to US Supreme Court. Truong v. St Paul Fire & Marine Insurance Company, 345 Fed.Appx. 948(5th Cir 2009); Successful trial of bad faith coverage case for constructive total loss of a vessel and successful defense of appeal. Perforaciones Exploracion Y Produccion v. Grupo TMM, 207 Fed.Appx. 458 (5th Cir 2006); Successful defense of motion to dismiss allision case based on forum non conveniens and successful defense of appeal. Abt v. Dickenson Company of Texas, 251 Fed. Appx. 293, 2007 WL

4 (5th Cir. 2007); Abt v. Dickenson, 2006 WL (SD TX. 2006), Successful dismissal in district court and successful defense of appeal based upon lack of admiralty jurisdiction. Cornhill Insurance PLC v. Valsamis, Inc., 106 F3d 80 (5th Cir 1997); Successful determination of declaratory judgment action on coverage in district court and successful defense of appeal and petition for writ of certiorari to U.S. Supreme Court. St. Paul Mercury Company v. Lexington Insurance Company, 78 F 3d 202 (5th Cir 1996); Successful decision in district court and on appeal of proper determination of contribution by excess carriers. Mendozo v. Marine Personnel Company, 46 F.3d 498 (5th Cir. 1995); Successful defense of appeal, upholding ALJ s determination denying permanent total disability. P&M Crane v. Hayes 930 F2d 424 (5th Cir. 1991); Successful appeal of rulings in two LHWCA claims (consolidated for appeal) on the required standard of proof to demonstrate available alternative employment. Related Work Experience Briefing attorney to the Honorable Hugh Gibson, Judge, United States District Court, Southern District of Texas, Galveston Division ( ) Professional Activities, Memberships and Affiliations Fifth Circuit Bar Association Magistrate Judge Judicial Selection Panel for the Southern District of Texas (2011) Maritime Law Association of the United States, Proctor University of Texas Admiralty and Maritime Law Conference, Planning Committee member Community Activities, Memberships and Affiliations Houston International Seafarers Center, President of Corporate and Executive Board Maritime Gala, Chair (2008 and 2009) Houston Maritime Museum, founding Trustee, now serving on Advisory Board Judith Liebenthal Robison Ovarian Cancer Foundation, past Board member, now serving on Advisory Board Houston Propeller Club, past President and past Board Member Honors AV Preeminent Rated (the highest possible Martindale-Hubbell Peer

5 Review Rating designation) Propeller Club Person of the Year" (2010) In the News "Shale Gas Production Litigation Centers on Product Failures and Accidents - Not Ground Water Pollution", World Risk and Insurance News (March 25, 2015) "Litigation, Regulation, Pollution and Risk Management in the Energy Market", World Risk & Insurance News (March 15, 2013) "Hydraulic Fracturing: Identifying and Managing the Risks", Environmental Claims Journal (May 21, 2012) "Maritime Law: Change of Venue", Texas Lawyer (Co-authored with Shannon Thorne) (December 24, 2007) "Developments in the Substantive Law: Maritime Law", Texas Lawyer (2007) "Indemnity on the Outer Continental Shelf", Tulane Maritime Law Journal (February 2003) Speeches and Presentations "Failing Equipment and Pipe Products Liability Issues in the Oil Patch", Navigators Insurance Market Seminar (June 9, 2016) "Hurricane Breakaways: Rig Owner Duties, Liabilities and Defenses", IRMI Energy Risk & Insurance Conference - Houston (March 2, 2016) "Products Liability Issues in the Oil Patch", State Bar of Texas, Oil and Gas Disputes - Houston (January 28, 2016) "Rigs on Walkabout: Hurricane Breakaways!", 24th Annual University of Texas Admiralty and Maritime Law Conference - Houston, presented with Patrick Cooney (January 21, 2016) "Deepwater Horizon: Answers to Additional Insured Questions", 12th Annual Advanced Insurance Law Course, San Antonio, Texas (June 11, 2015) "Product Failures in the Oil Field", IRMI Energy Risk & Insurance Conference, Houston, Texas (March 18, 2015) "Additional Insured Provisions in Oil & Gas Contracts: Lessons Learned from Deepwater Horizon", The University of Texas School of Law 40th Annual Ernest E. Smith Oil, Gas and Mineral Law Institute, Houston, Texas (March 28, 2014) "Recent Developments in Indemnity and Insurance Law Lessons Learned from Deepwater Horizon", 2014 International Risk Management Institute s Energy Risk and Insurance Conference, Houston, Texas (March 5, 2014) "Claims Property Issues", Aon Energy Risk Symposium (Presented

6 with Brett Flande, Christopher Dye, Ronald Hajjar and Jeremy Palmer) (January 15, 2014) "Deepwater Horizon: Game Changing Indemnity and Insurance Rulings", 2013 LRM Energy Forum Houston, TX (November 19, 2013) "Insurance Coverage in the Oil Patch: Insurance Coverage in the Oil Patch The Deepwater Horizon Rulings", UT Law 22nd Admiralty and Maritime Law Conference, Houston, Texas (Presented with John M. Elsley) (October 18, 2013) "Recent Developments in Indemnity and Insurance Law Lessons Learned from Deepwater Horizon", Client Presentation, Houston, Texas (Presented with David Leonard) (October 11, 2013) "Hydraulic Fracturing Risks: The Current Thinking", International Risk Management Institute's Energy Risk and Insurance Conference (March 4, 2013) "Hot Topics in Maritime Litigation: Key Supreme Court and Circuit Court Cases, Emerging Trends and What to Expect in the Year Ahead", Forum on Admiralty and Maritime Claims and Litigation, American Conference Institute (February 27, 2013) "Tips for Maximizing Networking Events", Texas A&M Maritime Student Propeller Club, Galveston, Texas (October 23, 2012) "Shale Gas Development: Developing Risks and Litigation", Client Presentation, Richmond, Virginia (October 17, 2012) "Lessons Learned from Deepwater Horizon: Indemnity in the Offshore Oil Patch", Tenth Annual Hot Topics Seminar for the Bermuda Insurance Market. Hamilton, Bermuda (October 3, 2012) "Legal Issues Arising From Shale Gas Development", CLE Program (September 20, 2012) "Oil & Gas: The Legal Environment", 2012 Chartis Risk Manager Advisory Symposium, New Orleans, Louisiana (September 11, 2012) "Shale Gas and Hydraulic Fracturing: Recent Developments", Client Presentation, Houston, Texas (August 22, 2012) "Hydraulic Fracturing: Identifying and Managing the Risks", Environmental Claims Journal (Co-authored with Earl L. Hagström) (May 21, 2012) "Environmental Exposures", Willis Energy Houston North American Energy Conference (Presented with Daniel Mason, David Wilson and Dan Gunderson) (May 15-17, 20, 2012) "Hydraulic Fracturing & Shale Gas: Recent Developments", Client Presentation, Hartford, Connecticut (May 14, 2012) "Recent Developments in Hydraulic Fracturing", Client Presentation, Hamilton, Bermuda (May 11, 2012)

7 "Shale Gas & Hydraulic Fracturing: Recent Developments", Client Presentation, Jersey City, New Jersey (May 7, 2012) "Developments in Insurance Coverage for the Maritime Industry: Claims Trends, Underwriting Considerations, Risk Assessments, Indemnification Provisions, and More", Admiralty and Maritime Litigation Forum, Houston, Texas (Presented with George Boothby, Shawn A. Voyles, Edward F. LeBreton, III and Stephen V. Rible) (March 29-30, 2012) "Shale Gas and Litigation: Who is Suing Who and For What Reason?", Shale-Gas Development and Water Issues - Solutions to Energy Industry Water Needs for Shale-Gas Development & Operation and Long-Term Water Resources Sustainability Symposium, Austin, Texas (March 23, 2012) "Shale Gas Development: Claims, Coverage Issues and New Wordings", Emerging Trends in Casualty Coverage Seminar, London, England (March 8, 2012) "Frack to the Future", Marsh Upstream Energy Risk Management Seminar, Houston, Texas (February 23, 2012) "Insurance Issues Arising Out of Hydraulic Fracturing Operations", Legal, Regulatory & Environmental Challenges of Hydraulic Fracturing Summit, Houston, Texas (December 8, 2011) "Hydraulic Fracturing 101: A Primer for In-House Counsel, EAS Specialists and Their Advisors", Legal, Regulatory & Environmental Challenges of Hydraulic Fracturing Summit, Houston, Texas (Presented with Brannon Robertson) (December 7, 2011) "Hydraulic Fracturing", Client Presentation, Hamilton, Bermuda (December 1-2, 2011) "Hydraulic Fracturing Environmental Risks", Live Webcast, Santa Monica, California (Presentation with Earl Hagström and Anna Shimko, Daniel Mason, Jeremy Palmer) (November 15, 2011) "Hydraulic Fracturing Developing Exposure & Litigation Issues", Client Presentation, Hamilton, Bermuda (October 11, 2011) "Hydraulic Fracturing - Developing Claims and Litigation", Ninth Annual Hot Topic Seminar for the Bermuda Insurance Market, Hamilton, Bermuda (October 11, 2011) "Law Governing the Development, Construction and Operation of Offshore Wind Energy Facilities", Offshore Wind Energy Roundtable(TOWER) and Offshore Wind Law (OWL) Conference, Houston, Texas (co-authored with Shannon Thorne) (October 3-4, 2011) "Hydraulic Fracturing: Developing Exposure & Coverage Issues", Client Presentation, London, England (June 7-10, 2011)

8 "Three Key Onshore & Offshore Energy Issues", Bermuda Insurance Institute, Hamilton, Bermuda (May 3, 2011) "Hydraulic Fracturing: Understanding and Managing the Risk", Client Presentation, Princeton and Jersey City, New Jersey, and New York, New York (April 11-12, May 5, 2011) "Hydraulic Fracturing Developing Exposures and Coverage Issues", Developing Issues in US/UK Casualty Insurance Seminar, London, England (March 10, 2011) "Products Liability in the Offshore Oil Patch", 19th Annual Admiralty and Maritime Law Conference, Houston, Texas (November 10, 2010) "Law Governing the Construction and Operation of Offshore Wind Energy Facilities", Texas Offshore Wind Energy Conference (TOWER) and Offshore Wind Law (OWL) Conference, Houston, Texas (October 22, 2010) "Products Liability in Marine and Offshore Markets", Eighth Annual Hot Topics Seminar for the Bermuda Insurance Market, Hamilton, Bermuda (October 13, 2010) "Liability and Coverage Exposures from Property Damage Catastrophe Claims", Client Presentation, London, England (October 6, 2010) "Offshore Energy Insurance Is Your Wording Keeping Pace with Technology?", Seventh Annual Hot Topics Seminar for the Bermuda Insurance Market, Hamilton, Bermuda (October 7, 2009) "International Choice of Law", University of Texas 17th Annual Admiralty and Maritime Law Conference, Houston, Texas (Coauthored with Monika Moore) (October 24, 2008) "Offshore Wind Facilities - What Law Will Apply?", American Wind Energy Association's Windpower 2008 Conference & Exhibition, Houston, Texas (Co-authored with Shannon Thorne) (June 2008) "The Law Governing the Construction and Operation of Offshore Wind Energy Facilities", The University of Texas 16th Annual Admiralty and Maritime Law Conference (Presentation with Bradley A. Jackson) (coauthored with Shannon Thorne) (September 28, 2007) "Practical Concerns for Seafarers and Homeland Security", The University of Texas 15th Annual Admiralty and Maritime Law Conference, Houston, Texas (Presentation with Frank Goyner, Robert T. Miller and Robert Ream III) (September 29, 2006) "The Case of the Mauvaise Chance - A Simulation of the Resolution of a Maritime Conflict: How Technology and Neutral Experts Can Facilitate Resolution", Conference of the Americas - City of Knowledge, Panama City, Panama (Presentation with Charles R. Dunn and Daniel Pipitone) (October 19, 2005)

9 "Has Comparative Fault Swallowed Ryan? The Future of Implied Contract/Tort Indemnity in Maritime Law", The University of Texas 12th Annual Admiralty and Maritime Law Conference, Houston, Texas (co-authored with Diana M. Brockman) (September 26, 2003) "Indemnity on the Outer Continental Shelf", The University of Texas 10th Annual Admiralty and Maritime Law Conference, Houston, Texas (Co authored with Karen K. Milhollin) (October 18, 2002) "Key Issues Involved in Effectively Settling a Marine Personal Injury Action", American Trial Lawyers Association 2002 Annual Convention, Atlanta, Georgia (co-authored with R. Dean Gresham) (July 20-24, 2002) "Contractual Risk Transfer in the Maritime Industry", University of Texas 9th Annual Admiralty and Maritime Law Conference, Houston, Texas (co-authored with R. Dean Gresham) (September 2, 2000) "Ethical Advice Attorneys Can Give Their Clients and Employees and Unethical Advice They Can t (Shouldn't) Give", South Texas College of Law, Preventing and Responding to the Maritime Emergency, Houston, Texas (Co authored with Karen K. Milhollin) (July 21, 2000) "Ethical Dilemmas in Marine Insurance Coverage Four (or More) Repeat Offenders", Mariners Club Seminar, Houston, Texas (co authored with Karen K. Milhollin) (January 13, 2000) "Women in Law Firm Leadership: Cooperative and Successful Client Development", Texas Women Lawyers, Houston, Texas (July 22, 1999) "Marine Employers Liability", Texas Association of Defense Counsel, Houston, Texas (April 29, 1999) "Recent Developments in Legislation and in Case Law in the U.S. Supreme Court and the Fifth, Ninth and Eleventh Circuits and in Maritime Arbitration Cases", Tulane New Orleans Maritime Seminar, New Orleans, Louisiana (January 20-21, 1999) "Offshore Employers Liability: The Boundaries among LHWCA and Other Remedies (Jones Act, General Maritime Law and State Workers' Compensation Acts)", University of Texas Admiralty and Maritime Law Conference, Houston, Texas (September 18, 1998) "Maritime Women", Women s International Shipping & Trading Association International Conference, New York, New York (September 16-18, 1998) "Legal Advice: When to Ask, What to Expect", Women s International Shipping & Trading Association International Conference, New York, New York (September 16-18, 1998) "Competitiveness of U.S. Ports in the World Marketplace", WISTA USA, Inc. Annual Breakfast Panel Discussion, New York, New York (April

10 30, 1998) "Tort Liability of Dual Capacity Employers Under the Longshore and Harbor Workers' Compensation Acts", University of Texas Admiralty and Maritime Law Conference, Houston, Texas (September 19, 1997) "US LHWCA and Dual Capacity", Houston Institute of Marine Underwriters Risk Seminar, Houston, Texas (May 21, 1997) "Maritime Toxic Torts - Developments Since Castorina v. Lykes Bros. S.S., Inc.,", State Bar of Texas Admiralty and Maritime Law Course, Houston, Texas (March 14-15, 1996) "The Effect of an Insured s Bankruptcy on Indemnity and Coverage: Can a Plaintiff Recover from a Defendant in Bankruptcy Who is Insured by an Indemnity Policy?", State Bar of Texas Admiralty and Maritime Law Course, Houston, Texas (April 7-8, 1994) "Handling Longshore Claims", State Bar of Texas Admiralty and Maritime Law Course, Houston, Texas (October 17-18, 1991) "Wages, Wage Loss and Alternative Employment", Longshore and Harbor Workers Compensation Act Seminar, Houston, Texas (coauthored with Steve L. Roberts) (September 21-22, 1989)