February 18, 2014

Brock Services sues for repayment after settlement

A company is asking the court to find that another company charged unreasonable and excessive rates in defense of a negligence claim.

Brock Services LLC filed a lawsuit on Feb. 7 in the Jefferson County District Court against Brand Services Inc. and XYZ Insurance Co., seeking a declaratory judgment.

The suit states that the Valero Group hired Brock as the scaffolding company at their refinery in Port Arthur.

According to the complaint, the contract between Valero and Brock stated that Brock will defend and indemnify Valero against any and all claims, damages, or lawsuits that arise out of work performed by Brock and involve injury or death to any person.

A similar contract between Valero and the defendant Brand stated Brand would defend and indemnify Valero against any and all claims, damages or lawsuits.

According to the complaint, Jerome Alexander filed a lawsuit against Valero and Brand alleging they were negligent in causing his injuries when a bucket fell and struck him.

On Feb. 15, 2012, Alexander filed an amended petition alleging that Brock was a responsible party and Brand’s counsel made a demand on Brock for defense and indemnity of Valero.

Brock alleges that after a settlement amount was made on behalf of Valero, Brand placed an unfair majority of costs and expenses to their defense of Valero as opposed to their defense of Brand.

The complaint states that Brock believes the amount Brand requested for reimbursement is not a fair representation of the fees, costs and expenses necessary to the defense of Valero.

Brock is asking the court to order Brand to accurately separate the costs associated with the defense of Brand and Valero and find that Brand’s calculation of costs are excessive and unreasonable.

They are also seeking costs for filing the motion and attorney’s fees.

Brock is being represented in the case by attorney Kathleen M. Kennedy of Mehaffy Weber P.C.

Jefferson County District Court Case No. B195-204

setexasrecord.com

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