SHERMAN - Following a fire inside a pump trailer, an insurer has filed suit against an oilfield equipment supplier.
Hanover Insurance Co. as subrogee of Wind River Energy, doing business as Trans-Tex Exploration, filed the lawsuit against Oilfield Equipment Sales on April 19 in the Eastern District of Texas, Sherman Division.
On Aug. 2, 2011, a fire originated inside the pump trailer operated by Wind River Energy. According to the lawsuit, the investigation revealed that an “unreasonably dangerous condition” in the pump trailer caused the fire and the extensive damage occurred to the pump trailer as a result.
Hanover Insurance paid $444,503 to Wind River for the damage and Wind River incurred a deductible loss of $5,000.
The defendants is accused of breach of implied warranty of merchantability because the cables located near the rear engine were not properly secured, not properly protected against abrasion, and were allowed to come into contact with metal that caused degradation of the insulation on the cables.
The degradation of the insulation arced and sparked when they came into contact with the frame of the pump trailer. In addition, the pump trailer did not have overcurrent protection, switches to cut power and was otherwise was not of merchantable quality.
Hanover Insurance Co. is seeking an award of damages, attorney’s fees, interest and court costs.
The plaintiff is represented by John C. Hart and Bruce H. Rogers of Brown, Dean, Wiseman, Proctor, Hart & Howell LLP in Fort Worth. A jury trial is requested.
U.S. District Judge Richard A. Schell is assigned to the case.
Case No. 4:13-cv-00231