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SUPREME COURT OF LOUISIANA

No. 95-C-1425

JAMES BILLY RAY FONTENOT, ET AL

Versus

CHEVRON U.S.A. INC., DANTZLER BOAT AND BARGE CO., AND AETNA CASUALTY AND SURETY CO.

ON WRIT OF REVIEW TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS, STATE OF LOUISIANA

CALOGERO, Chief Justice.*
The issue in this case is whether the Louisiana Oilfield AntiIndemnity Act, La. RS 9:2780, applies in determining the validity and interpretation of a waiver of subrogation clause in a worker's compensation insurance policy. Hercules Offshore Drilling Company entered into a workover contract with Chevron, USA, Inc. for "remedial well services" and the performance of drilling or workover operations on several Chevron platforms located in the Gulf of Mexico. In its contract

with Chevron, Hercules agreed to provide its employees with federal Longshore and Harbor Workers' Compensation insurance and further agreed to a blanket and unrestricted waiver of its right, and consequently its insurer's right, to subrogation for reimbursement Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part II,

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Louisiana Law