Jones v. Francis Drilling Fluids, Ltd. (642 F. Supp. 2d 643, 2009)

MEMORANDUM AND ORDER ENTERING FINDINGS OF FACT AND CONCLUSIONS OF LAW

LEE H. ROSENTHAL, District Judge.

I. Background

This lawsuit arises out of the exposure by the plaintiff, Kevin Jones, to the fumes of an allegedly toxic concentration of a sodium hypochlorite solution. The incident occurred while Jones was working as a cleaning technician for Francis Drilling Fluids, Ltd., a Louisiana oilfield service company that provides industrial cleaning services to barges, vessels, tanks, and other equipment. Jones was working for Francis Drilling on RIG 46, a drilling barge owned by TODCO d/b/a TODCO Inc., the Offshore Drilling Company d/b/a TODCO (“TODCO”). The barge was near the Intercoastal Canal in Louisiana on January 7, 2007, when the incident occurred.

Francis Drilling was a contractor for Applied Drilling Technologies, Inc. (“ADTI”), which in turn was in operating under a contract to provide turnkey drilling services to TODCO, when Jones was injured.

BJ Services Company (“BJ Services”) was working under a contract with ADTI to provide filtration services to RIG 46.

Baker Hughes Incorporated (“Baker Hughes”) and Baker Hughes’s subsidiary, Baker Hughes Oilfield Operations, Inc. d/b/a/ Baker Hughes Drilling Fluids (“Baker Fluids”), were working under a contract with ADTI to provide completion fluid engineering services to RIG 46.

ADTI and Francis Drilling were parties to a Master Services Agreement (“MSA”). Under this MSA, each party agreed to indemnify the other for claims asserted against the other by their respective employees. Each party also agreed to procure insurance for the indemnity obligation and to name the other as an additional insured. ADTI had similar MSAs with B J Services and Baker Hughes.

Liberty Mutual Insurance Company provided Francis Drilling a Comprehensive General Liability (CGL) Policy with a Blanket Additional Insured Endorsement and a Total Pollution Exclusion.

Jones sued Francis Drilling, TODCO, ADTI, BJ Services, Baker Hughes, and Baker Fluids. Of these defendants, TOD-CO, ADTI, BJ Services, Baker Hughes, and Baker Fluids (the “third-party plaintiffs”) filed third-party claims against Liberty Mutual, asserting coverage as additional insureds under the CGL Policy that Francis Drilling obtained from Liberty Mutual. (Docket Entry No. 157). The third-party plaintiffs filed cross-claims against Francis Drilling for indemnification under the MSA between Francis Drilling and ADTI. (Docket Entry No. 156). BJ Services and Baker Hughes also cross-claimed against ADTI for indemnification under the MSA between Francis Drilling and ADTI. (Docket Entry Nos. 86, 87). Liberty Mutual and Francis Drilling filed cross-claims against BJ Services and Baker Hughes for indemnification under the “pollution or contamination” provision of BJ Services’s and Baker Hughes’s MSAs with ADTI. This provision required BJ Services and Baker Hughes to indemnify ADTI and its other subcontractors for “pollution or contamination” caused by materials under their control. (Docket Entry Nos. 166,169).

Jones dismissed his claims against Francis Drilling early in the case. On April 30, 2009, Jones settled his claim against the third-party plaintiffs for $145,000. Without reaching a final determination as to who would ultimately be responsible for paying the settlement amount, Liberty Mutual advanced $55,000, Francis Drilling advanced $65,000, and the third-party plaintiffs advanced $25,000.

This court has denied two motions for summary judgment filed by Liberty Mutual and Francis Drilling. In the first motion, Liberty Mutual contended that the CGL Policy was governed by Texas law, and that under Texas law, the Total Pollution Exclusion in the CGL Policy would bar coverage for Jones’s accident. (Docket Entry No. 78). This court concluded that the CGL Policy was governed by Louisiana law, and that under Louisiana law, fact issues remained as to whether the Total Pollution Exclusion applied. (Docket Entry No. 107). In the second summary judgment motion, Liberty Mutual and Francis Drilling contended that they had no insurance or indemnification obligations to the third-party plaintiffs because the MSA, which applied to “offshore” work, did not apply to the work that Francis Drilling was performing on RIG 46 because it was stationed in inland Louisiana waters when Jones was injured. Liberty Mutual and Francis Drilling also argued that they had no insurance or indemnification obligations to the third-party plaintiffs because the MSA was governed by Louisiana law and indemnification provisions are void under the Louisiana Oilfield Anti-Indemnity Act (“LOALA”). (Docket Entry No. 109). This court concluded that there were disputed fact issues material to determining whether the MSA applied to work done on inland waters, including the Louisiana marsh where RIG 46 was located when Jones was injured. This court also concluded that the MSA was governed by maritime law, under which its insurance and indemnification provisions were valid. (Docket Entry No. 127).

On June 16, 2009, this court held a bench trial on the third-party plaintiffs’ claims against Liberty Mutual and Francis Drilling for insurance and indemnification; BJ Services’s and Baker Hughes’s cross-claims against ADTI for indemnification; and Liberty Mutual’s and Francis Drilling’s cross-claims against BJ Services and Baker Hughes for indemnification. The parties presented testimony on the insurance and indemnification issues from Peggy Jennings, the senior contracts administrator for ADTI; Darrell Miller, an onboard supervisor for ADTI who was on RIG 46 when the accident occurred; Barry Charpentier, the corporate representative for Francis Drilling Fluids; and Brad Lemoine, a pilot for Francis Drilling. The parties also presented deposition testimony from the following individuals: Kevin Jones, the plaintiff; Joseph Spots, a Francis Drilling employee who was Jones’s “hole watch” when the accident occurred; Paul Domingues, a BJ Services filtration technician who admitted to pouring the sodium hypochlorite solution that injured Jones; Justin Knox, a Baker Hughes completion fluids engineer, who suggested that Domingues pour the sodium hypochlorite solution into a filter unit; and Rhonda Regan, a claims service analyst for Louisiana Companies, Francis Drilling’s insurance broker. This court heard testimony as to attorneys’ fees by David R. Walker and Marion McDaniel, counsel for the third-party plaintiffs. The parties also submitted an extensive documentary record, including the CGL Policy and the MSAs.

Based on the pleadings, the parties’ submissions, the evidence, the arguments of counsel, and the applicable law, this court enters the following findings of fact and conclusions of law:

• Francis Drilling is required to indemnify the third-party plaintiffs under its MSA with ADTI.

• The CGL Policy that Francis Drilling obtained from Liberty Mutual provides coverage for the indemnification owed the third-party plaintiffs, and that coverage is not barred by the Total Pollution Exclusion in the CGL Policy. The third-party plaintiffs are entitled to coverage as additional insureds under the CGL Policy.

• BJ Services and Baker Hughes are entitled to indemnification by ADTI under their MSAs with ADTI.

• Liberty Mutual and Francis Drilling are not entitled to indemnification by BJ Services and Baker Hughes based on the “pollution or contamination” clause in the MSAs between BJ Services and ADTI and Baker Hughes and ADTI.

• Liberty Mutual and Francis Drilling are not liable for the fees and expenses that the third-party plaintiffs incurred pursuing their indemnification claims.

• Liberty Mutual and Francis Drilling are liable for a total of $164,035, including the $25,000 that the third-party plaintiffs advanced to settle Jones’s claim and the $125,000 in attorneys’ fees and $14,035 in expenses that the third-party plaintiffs incurred defending against Jones’s claim.

By August 31, 2009, the third-party plaintiffs must file a statement with this court explaining how the amount they will recover from Liberty Mutual is to be allocated, with a proposed final judgment if appropriate.

The reasons for these rulings, and the detailed findings of fact and conclusions of law, are explained below.

II. Factual Background

A. The Parties

TODCO, now called Hercules Offshore, Inc., is a Delaware corporation with its principal place of business in Houston, Texas. TODCO is a leading provider of offshore contract drilling, liftboat services, and inland barge services. TODCO has operations in ten countries on four continents. It claims to operate the world’s largest inland barge drilling fleet. Between February 25, 2008 and January 1, 2009, TODCO completed 13 incident reports for environmental incidents, including three that required environmental cleanup or remediation.

ADTI is a Texas corporation with its principal place of business in Texas. It advertises itself as “the world’s premier turnkey drilling contractor.” As a turnkey drilling contractor, ADTI contracts to drill wells on a fixed-price basis. ADTI has performed turnkey contract work on wells all over the world, including the Gulf of Mexico, Latin America, the North Sea, the Middle East, and West Africa, using “more than 100 different rigs from all the major drilling contractors,” including “offshore and inland barge rigs.” ADTI does not do any projects on land; all its turnkey drilling projects are done on water.

BJ Services is a Delaware corporation with its principal place of business in Texas. The company offers numerous well-bore services, including cementing, completion tools, filtration services, production chemicals, sand control, and wellbore cleaning. BJ Services’s website explains the filtration services it offers: “Proper wellsite maintenance of high-value completion fluids is a key element to a cost-effective well completion. Filtration that is not properly sized and specifically selected for well conditions can allow damaging solids to contact the formation and increase reclamation costs for higher density fluids.... BJ’s professional team of trained specialists have the ability to identify your filtration problems and design a system for the specific application.” ADTI hired BJ Services to provide filtration services on RIG 46.

Baker Hughes is a Delaware corporation with its principal place of business in Texas. Baker Hughes operates in over 90 countries and “serves the worldwide oil and natural gas industry with reservoir consulting and products and services for drilling, formation evaluation, completion and production.” Baker Hughes offers a wide range of well-completion services. Baker Fluids, also a Delaware corporation with its principal place of business in Texas, is a subsidiary of Baker Hughes. Baker Fluids offers a “full range of specialty fluid products,” including “high performance water-and emulsion-based systems.” Baker Fluids also offers technical support services. Baker Fluids was hired by ADTI to provide completion-fluid engineering services on RIG 46.

Francis Drilling is a Louisiana corporation with its principal place of business in Louisiana. Francis Drilling is an oilfield service company in the business of providing drilling fluids and related services, such as barge, vessel, tank, equipment, and industrial cleaning. The services Francis Drilling provides can be performed on land, on fixed platforms, on barge rigs, or on offshore rigs and vessels. Francis Drilling advertises that its cleaning services include a “fluids recycling system,” which ensures that “there is no waste disposal associated with the cleaning of supply vessels that contain remnants of water based, diesel based, synthetic based muds, and selective completion fluids.” ADTI hired Francis Drilling to clean the sand traps and mud pits on RIG 46. Francis Drilling used a barge to bring its cleaning supplies, which included a “vacuum truck” or “Supervac” and a large toolbox with steam cleaners and miscellaneous equipment, to RIG 46.

Liberty Mutual is a Massachusetts corporation with its principal place of business in Boston; it also does business in Texas. Liberty Mutual is an insurer that offers a “full suite of risk and disability management — and risk transfer products and services” to businesses of all sizes. Liberty Mutual issued Francis Drilling a Commercial General Liability Policy (“CGL Policy”) effective between September 1, 2006 and September 1, 2007. The policy was issued in Louisiana through a Louisiana broker.

B. The MSA and Work Orders Between ADTI and Francis Drilling

TODCO and ADTI were parties to a Daywork Drilling Contract under which ADTI agreed to provide drilling services for work on RIG 46 to drill and complete a well in Bayou Carlin, St. Mary Parish, Louisiana. (TODCO Trial Binder, Ex. 8). Francis Drilling worked as a subcontractor for ADTI on RIG 46 to provide cleaning services. ADTI and Francis Drilling were parties to a Master Services Agreement (“MSA”), effective August 13, 2003, under which each party agreed to indemnify and insure the other for personal-injury claims asserted by their respective employees. Under the MSA, ADTI and Francis Drilling each agreed to get insurance to support them respective indemnity obligations and to name the other party and its contractors as additional insureds. Corporate representatives for ADTI and Francis Drilling testified that ADTI would not do business with Francis Drilling without an MSA in place. There were no other MSAs in place between ADTI and Francis Drilling when Jones was injured.

The MSA between ADTI and Francis Drilling was entitled: “Master Services Agreement (Worldwide Operations — Offshore).” The initial paragraphs stated:

WHEREAS, CONTRACTOR [ADTI], its subsidiary and affiliated companies are engaged in the business of drilling offshore wells in all areas of the world through the use of vessels designated as mobile offshore drilling units (“MODUs”); and

WHEREAS, SUBCONTRACTOR [FRANCIS DRILLING], its subsidiary and affiliated companies are engaged in the business of providing services and/or equipment in connection with the drilling of offshore wells on MODUs in all areas of the world; and

WHEREAS, CONTRACTOR [ADTI], its subsidiary and affiliated companies desire to retain and SUBCONTRACTOR [FRANCIS DRILLING], its subsidiary and affiliated companies desires to perform certain services and/or provide equipment in conjunction with the drilling of offshore wells using a MODU as provided for in an applicable Work Order; and

WHEREAS, the performance of the Work by Subcontractor will be conducted primarily upon and in the furtherance of the mission of such vessels ....

(TODCO Trial Binder, Ex. 7 at 1). The MSA did not define “offshore.” Jennings, ADTI’s senior contracts administrator, testified that ADTI used the term “offshore” to include “off the coast of the Gulf or inland waters.”

The August 13, 2003 cover letter that accompanied the MSA for Francis Drilling to sign stated that ADTI “requirefd] this agreement of our subcontractors to perform services or provide equipment on our offshore Turnkey wells.” (Liberty Mutual Trial Binder, Ex. 16). Barry Charpentier, the corporate representative for Francis Drilling, testified at trial that he did not understand the term “offshore” to apply to work done on inland waters. But Charpentier conceded that in his deposition, he had testified that he understood that the MSA for “offshore” work required Francis Drilling to indemnify ADTI for Jones’s accident on RIG 46. Charpentier also admitted that to his knowledge, no one at Francis Drilling had ever suggested to ADTI that the MSA would not cover the work Francis Drilling performed on inland waters.

The MSA stated that work done under its provisions should be performed under a “Work Order.” The MSA defined “work orders” to include oral directions. Although such directions were to be reduced to writing, the failure to do so would not make the MSA inapplicable. The MSA stated:

All oral work orders shall be promptly reduced to writing and countersigned by the parties as soon as practicably possible ... however failure to do so shall not prejudice the application of the Master Agreement with respect to any Work undertaken by SUBCONTRACTOR pursuant to the oral work order.

(TODCO Binder, Ex. 7 § 1.1(e)). The record contains no written work orders between ADTI and Francis Drilling for the work Francis Drilling was doing on RIG 46 when Jones was injured, or for any other project Francis Drilling did for ADTI. Charpentier testified that Francis Drilling had done “quite a lot of work for ADTI for inland water locations and offshore water locations” with no written work orders.

The record contains numerous invoices that Francis Drilling sent ADTI, many for projects on inland waters. (TODCO Trial Binder, Ex. 13). One invoice, dated January 24^ 2007, describes the work that Francis Drilling was performing when Jones was injured. (Id., Ex. 12). That invoice states that Francis Drilling’s work on RIG 46 in Bayou Carlin involved “cleaning services @ location to clean (3) reserve, (1) slugging, (2) active, (1) settling, (4) sand traps, & (1) trip tank.” (Id.). The invoice charged ADTI for 44 hours of work done by a “3 man cleaning crew (inland).” (Id.).

The MSA between ADTI and Francis Drilling stated that Francis Drilling would defend and indemnify ADTI and its contractors against personal-injury claims brought by Francis Drilling’s employees, regardless of fault. The MSA stated:

Subcontractor shall at all times be responsible for and shall release, protect, indemnify, defend (including payment of reasonable attorney’s fees and costs of litigation) and hold Contractor Group harmless from and against any and all costs, losses, liabilities, claims, demands, causes of action, damages, penalties, judgments and awards of every kind and character, without limit and without regard to the cause or causes thereof or the negligence or fault of any party or parties (including without limitation the active, passive, concurrent or solely negligent acts or omissions of any member of Contractor Group) arising in connection herewith ... in favor of the officers, directors, employees, agents, consultants, servants, representatives or invitees of subcontractor or subcontractor’s subcontractors on account of sickness, bodily injury, death or damage to or loss of property.

(TODCO Trial Binder, Ex. 7 § 9.1). The MSA defined “Contractor Group” to include ADTI and “Contractor’s other Contractors and other parties contracting with Contractor (excepting Subcontractor and Subcontractor’s Subcontractors).” (Id., Ex. 7 § 9.6(a)(2)). “Contractor’s other Contractors” were defined as “Contractor’s other contractors and subcontractors, at any tier, other than Subcontractor and Subcontractor’s subcontractors, providing goods and services to Contractor in conjunction with the work or services performed by Contractor for its Customer or Client.” (Id., Ex. 7 § 1.1(a)). The MSA stated that its indemnification and insurance provisions applied “only as respects and to the extent of liabilities assumed by the Subcontractor under this Master Agreement and/or the applicable Work Order.” (Id., Ex. 7-C § 6.0).

The MSA required Francis Drilling to obtain comprehensive general liability insurance providing “coverage for premises/operations, independent contractors, blanket contractual liability specifically covering the obligations assumed by Subcontractor under this Master Agreement and/or the applicable Work Order and products/completed operations coverage.” (Id., Ex. 7-C § 4.0(B)(1)). The MSA stated that “[a]ll policies of insurance ... shall be endorsed to name each member of Contractor Group as an Additional Insured, but only as respects and to the extent of liabilities assumed by Subcontractor under this Master Agreement and/or the applicable Work Order.” (Id., Ex. 7-C § 6.0).

The MSA also contained a choice-of-law provision, as follows:

All rights, obligations, and liabilities of the parties and the provisions of this Master Agreement and the Work Orders shall be exclusively determined, interpreted, litigated and construed in accordance with United States General Maritime Law; provided, however, that if there is no applicable law, then the laws of the State of Texas, excluding any conflicts of law or choice of law rules that would apply the laws of another jurisdiction.

(Id., Ex. 7 § 19.0).

C. Francis Drilling’s CGL Policy with Liberty Mutual

To fulfill its obligation under the MSA, Francis Drilling obtained Commercial General Liability Policy No. TB 1 — 641— 005206-036 (the “CGL Policy”) from Liberty Mutual. (TODCO Trial Binder, Ex. 19). The effective dates were September 1, 2006 to September 1, 2007. Under the CGL Policy, Liberty Mutual promised to “pay those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’ to which this insurance applies. We will have the right and duty to defend the insured against any ‘suit’ seeking those damages.” (Id., Ex. 19, endorsement 26). The CGL Policy stated that “[s]olely for purposes of liability assumed in an ‘insured contract,’ reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of ‘bodily injury,’ provided ... [that] [s]uch attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.” (Id., Ex. 19 at 2).

The CGL Policy contained a Blanket Additional Insured Endorsement, which stated that additional insureds under the Policy included “any person or organization for whom you have agreed in writing to provide liability insurance.” (Id., Ex. 19, endorsement 22). Additional insureds were covered for liability arising out bodily injury arising out of “your [Francis Drilling’s] work.” (Id.). “Your work” was defined as “[w]ork or operations performed by you or on your behalf.” (Id., Ex. 19 at 15). The coverage was to be for the “minimum limits of insurance required by the written agreement,” but “in no event exceeds either the scope of coverage or the limits of insurance provided by this policy.” (Id., Ex. 19, endorsement 22).

The CGL Policy contained the following “Total Pollution Exclusion”:

f. Pollution

(1) “Bodily injury” or “property damage” which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants” at any time.

(2) Any loss, cost or expense arising out of any:

(a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of “pollutants”; or

(b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of “pollutants.”

(Id., Ex. 19, endorsement No. 9).

The CGL Policy defined “pollutants” as follows:

15. “Pollutants” mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

(Id., Ex. 19 § 15).

D. The MSAs Between ADTI and BJ Services and Baker Hughes

ADTI also had MSAs with BJ Services and Baker Hughes, both of which also worked on RIG 46 as subcontractors for ADTI. The MSAs with BJ Services and Baker Hughes were similar to the MSA between ADTI and Francis Drilling. The documents were also titled “Master Services Agreement (Worldwide Operations-Offshore),” and the recitals of these MSAs also referred to work on “offshore” wells using mobile offshore drilling units. (TODCO Trial Binder, Exs. 9, 10). The insurance and indemnification provisions were also similar. (Id.). The MSAs included provisions that BJ Services and Baker Hughes would indemnify and insure against “pollution or contamination” that they caused:

Subcontractor shall at all times be responsible for, shall release, and shall protect, indemnify, defend (including payment of reasonable attorney’s fees and costs of litigation) and hold contractor group harmless from and against any and all costs (including without limitation, costs of investigation, litigation, and court costs), interest, losses, liabilities, claims, demands, causes of action, damages, penalties, suits (including appeal), judgments, fines, expenses (including without limitation, reasonable attorneys’ fees), and awards of every kind and character (collectively, “claims”), arising in connection herewith:

(c)from pollution or contamination (including without limitation the control and/or removal thereof) which originates from subcontractor group’s equipment, or materials under the control of subcontractor or subcontractor’s subcontractor, including but not limited to fuels, lubricants, motor oils, pipe dope, paints, solvents, garbage or debris.

(TODCO Trial Binder, Ex. 10 § 9.1(c)). An identical provision is contained in the ADTI/Francis Drilling MSA. (Id., Ex. 7 § 9.1(c)).

Like the ADTI/Francis Drilling MSA, the ADTI/BJ Services MSA and ADTI/Baker Hughes MSA contained choice-of-law provisions designating maritime law or Texas law if no maritime law applied. (Id., Ex. 9 § 19. 1, Ex. 10 § 19.1). The ADTI/BJ Services MSA also specified that “any dispute, controversy or claim arising out of or in connection with” the MSA “shall be settled by arbitration under the UNCITRAL Arbitration Rules.” (Id., Ex. 10 § 19.2).

The record contains a written work order between ADTI and BJ Services. The work order is dated July 1, 2006 and states that it applies to work done between July 1, 2006 and June 30, 2007. The work order applies “to the performance of all work and services, and the supplying of goods, tools, equipment, machines, appliances, parts, material or supplies” to “various” vessels in the “United States Gulf of Mexico and adjacent state waters.” The work is described as “Cement Services and any other Work requested by CONTRACTOR and accepted by SUBCONTRACTOR.” The work order provides that “all work and services” performed under the work order are covered under the MSA. (Liberty Mutual Trial Binder, Ex. 20).

The record also contains a written work order between ADTI and Baker Hughes. The work order is dated July 1, 2006 and states that it applies to work done between July 1, 2006 and June 30, 2007. The work order provisions are identical to those in the work order with BJ Services, except that the work described is “Shorebase Facilities, MWD/LWD, Wireline Logging, Mudlogging, Mud Products, Completion Fluids, Completion Products, Completion Services, Directional Drilling, Purchase of Tangible Products, the services associated with the above and any other Work requested by CONTRACTOR and accepted by SUBCONTRACTOR.” The ADTI/Baker Hughes work order states that “all work and services” performed under the work order are covered under the MSA.

E. The Nature and Location of RIG 46

TODCO’s RIG 46 is a type of “inland barge” known as a “posted barge.” An inland barge is a submersible drilling structure that can be positioned over the drill site and sunk so its hull rests on the floor of the body of water. A posted barge is an inland barge with the hull and superstructure separated by 10 to 14 foot columns, which increase the rig’s water-depth capabilities. RIG 46 is 198 feet long, 54 feet tall, can navigate in water that ranges in depth from 8 to 18 feet, and can drill to a depth of 25,000 feet. RIG 46 could be sunk by filling compartments at the bottom with water. RIG 46 has quarters for 43, including galley, mess hall, bath facilities, changing room, laundry, staterooms, and offices. (TODCO Trial Binder, Ex. 8 at 18-19).

When Jones was injured, RIG 46 was located at the Charles M. Peterson, Jr. Well No. 1 in Bayou Carlin, an inland marsh in St. Mary Parish, Louisiana. The well was located in a dead-end canal slip approximately 1,700 feet off of the Inter-coastal Canal. The slip was no more than 8 feet deep. Approximately 20,634 cubic yards of the canal strip had to be dredged before RIG 46 could be pulled into place by tugboat. The dredged part of the canal was “non-vegetated waterbottoms.” (Liberty Mutual Trial Binder, Ex. 62).

RIG 46 did not have navigational aids, a navigational crew, or a captain. It could not self-propel. At the time of the accident, RIG 46 had been sitting on the bottom of the marsh at the Peterson well site. RIG 46 remained there for almost one year. While at the Peterson well site, RIG 46 was serviced by crew boats and supply boats that navigated up the Intercoastal Canal. Workers on RIG 46 reached it by crew boat, in a 30- to 40-minute trip up the Intercoastal Canal from the Baker Hughes dock in Morgan City. (Liberty Mutual Depo. Binder, Ex. 1 at 54-55). Francis Drilling’s crew worked on RIG 46 on a “week on, week off’ basis. (Id., Ex. 1 at 48). ADTI’s Darrell Miller testified that the work done on RIG 46 at the Peterson well site was a “zero discharge” operation- — no components of the job were allowed to go overboard into the canal, and everything had to stay contained on the rig.

F. Jones’s Injury

On January 7, 2007, Jones was in “Tank 4,” a “sand trap,” using a “supersucker” to clean oil-based drilling mud out of the trap. The oil-based mud had been used to drill the well. That mud had to be removed from the trap before the well-completion phase, so that completion fluid could be pumped into the well. Tank 4 was a five-by-six-foot room with a slanting roof that was six feet tall at its highest point. Jones could stand up straight only in the highest parts of the sand trap and otherwise had to bend or crouch. The sand trap was filled with eight to twelve inches of oil-based mud, which Jones was cleaning out. (Id., Ex. 1 at 96-101).

The fumes that sickened Jones came from approximately three gallons of a chemical called “W. 0. Break” that Paul Domingues, a B J Services filtration technician, had poured into the “possum belly” of “shaker 3,” an apparatus above the sand trap. (Id., Ex. 1 at 103-07; Ex. 4 at 35). A “possum belly,” also known as a “distribution box” or “flowline trap,” is a metal container located at the head of the shaker that receives and slows the flow of drilling fluid before it reaches the shale shaker. A shale shaker is a vibrating screen used to remove impurities from circulating drilling fluid. Shaker 3 was connected by a four-to-five foot trough or “flow line” to the Tank 4 sand trap. (Id. at 107-08; TODCO Depo. Binder, Ex. C at 28-30). A sand trap is a small pit, located just after the shaker screens, used as a settling pit to separate coarser solids that accidentally bypass the shale shakers. Domingues did not know that anyone was in the sand traps when he poured the W.O. Break solution into the “possum belly.” He also believed that the valves connecting the shakers with the sand traps were closed. (TODCO Depo. Binder, Ex. C at 38-39). Those valves, however, would frequently leak. (Liberty Mutual Depo. Binder, Ex. 2 at 37).

Jones testified that when the fames from the W.O. Break entered the sand trap, which he had been cleaning for an hour to an hour-and-a-half, his “throat and nose started to burn.” He “got dizzy, started gagging and coughing and had to get out of the tank.” (Id., Ex. 1 at 100-01). A TODCO incident report made that day states that “[wjhile cleaning out sand trap pit, Baker Hughes Intec Drilling Fluids W.O. Break (Sodium Hypochlorite Solution) was poured into shale shaker by Baker Hughes filtration hand, which was next to man hole, fumes from Sodium Hypochlorite Solution went down into tank [that] Kevin was working in[.][H]e noticed bad smell and taste and got dizzey [sic] and came out of hole.” The report described Jones’s injury as “headache, nostrils, throat and chest burn[;] hard to breath[e].” (Liberty Mutual Trial Binder, Ex. 1). Jones received a medical evaluation that day, which reflects that the W.O. Break fumes caused “burning and congestion of the head,” a “raspy” voice, and “head congestion.” The record from that evaluation indicates that Jones had “mild dizziness and a headache,” although these symptoms “were resolving.” Jones was diagnosed with “chemical inhalation exposure” and given over-the-counter Claritin, an allergy remedy and decongestant, and over-the-counter Primatene, an asthma remedy, for his symptoms. Jones was told that he could return to “[r]egular duty as directed.” (Id., Ex. 33 at 23-24).

Jones received another medical evaluation eight days later. The record from that evaluation indicates that Jones “ha[d] improved considerably,” that “[h]is breathing ha[d] returned to normal and his raspy voice ha[d] also returned to normal.” The record notes that Jones complained of occasional “mild headaches w/ an upset stomach,” which Jones attributed to “postnasal drainage,” and that Jones complained of “feelfing] quite sleepy at times,” although at the examination Jones was “fully alert and d[id] not appear to be in any distress.” (Id., Ex. 33 at 22).

W.O. Break is a 12.5% “sodium hypochlorite solution” comprised of sodium hypochlorite, sodium hydroxide, and chlorine. Sodium hypochlorite solution in lower concentrations is commonly referred to as bleach. Baker Hughes does not manufacture W.O. Break but supplies it to customers using the proprietary name “W.O. Break.” A 2008 Material Safety Data Sheet issued by Baker Hughes states that W.O. Break is “[v]ery toxic to aquatic organisms,” “severely irritating to the skin and may cause burns,” “toxic by inhalation” and “may cause severe irritation and burns to the nose, throat, and respiratory tract.” The Data Sheet also describes W.O. Break as “a water pollutant [that] should be prevented from contaminating soil or from entering sewage and drainage systems and bodies of water.” (Liberty Mutual Trial Binder, Ex. 11). Sodium hypochlorite is classified as a “hazardous substance” under the Federal Water Pollution Control Act. 40 C.F.R. § 116.4. It is also classified as a “hazardous substance” under the CERCLA regulations, with a reportable quantity of 100 pounds. 49 C.F.R. § 172.101, App’x A. The CERCLA regulations also define chlorine, another component of W.O. Break, as a “marine pollutant.” 49 C.F.R. § 172.101, App’x B. The W.O. Break that caused Jones’s injury was not released into the water or onto the land; it was confined to the shaker and tank on RIG 46. Neither TODCO, ADTI, nor any of the subcontractors reported or were required to report Jones’s exposure to any environmental agency.

There is conflicting evidence in the record as to why the W.O. Break was used and whether its use was for its intended purpose. Domingues testified that he poured the W.O. Break at the suggestion of Justin Knox, a Baker Hughes employee. According to Domingues, Knox suggested that the W.O. Break could prevent “pills and spacers” — chemicals injected into the well between the drilling fluid and the completion fluid to prevent these fluids from mixing — from plugging up the filtration unit that Domingues was tending. (Liberty Mutual Depo. Binder, Ex. 4 at 27-28). Knox agrees that he told Domingues to use W.O. Break to break up pills and spacers. But according to Knox, Domingues was told to pour the W.O. Break into the filtration unit, not the “possum belly.” Knox testified that he did not tell Domingues exactly where to pour the W.O. Break because he “assumed that [Domingues] knew to use it in the filter unit.” Knox testified that he had never heard of anybody pouring W.O. Break directly into a “possum belly.” (Id, Ex. 5 at 28, 38)

By contrast, Darrell Miller of ADTI testified at trial that W.O. Break is a “cleaner” used “[t]o help clean the pits and tanks.” Miller testified that W.O. Break was particularly useful in breaking up the “film” left by oil-based drilling mud on the sand trap walls and in the mud pit. Miller rejected the possibility that W.O. Break was being used on RIG 46 as an aid in filtration or to break up pills and spacers. Miller testified that BJ Services had a different product, called “D.E.,” that was used for this purpose. Domingues testified that on prior jobs, he had seen W.O. Break poured into the sand traps or mud pits, but that the purpose of pouring the W.O. Break into those units was to break up pills and spacers, and that the W.O. Break would “eventually get to the filter unit.” (Liberty Mutual Depo. Binder, Ex. 4 at 71-72).

III. Liability Under the ADTI/Franeis Drilling MSA and the CGL Policy

A. The ADTI/Francis Drilling MSA Applied to the Work Jones Was Performing

The MSA is titled “Master Services Agreement (Worldwide Operations-Offshore)” and states in the initial paragraphs that it applies to “the drilling of offshore wells using a MODU [Mobile Offshore Drilling Unit].” The MSA does not define the term “offshore.” In an earlier Memorandum and Order, this court analyzed the MSA and the parties’ submissions and concluded that the record was insufficient to conclude as a matter of law that “offshore” either included or excluded work done on inland waters. This court concluded that the term “offshore” was ambiguous and denied the parties’ cross-motions for summary judgment. (Docket Entry No. 107). At the bench trial, the parties presented parol evidence as to the meaning of the term “offshore” in the MSA.

What a contract means, and whether a contract is ambiguous, are questions of law for the court. Heritage Res. Inc. v. NationsBank, 939 S.W.2d 118, 121 (Tex.1996). If the contract can be given a certain or definite legal meaning or interpretation, it is not ambiguous, and a court should construe the contract as a matter of law. SAS Inst., Inc. v. Breitenfeld, 167 S.W.3d 840, 841 (Tex.2005). A contract is ambiguous when its meaning is uncertain and doubtful or is reasonably susceptible to more than one interpretation. Id. A court determines whether a contract is ambiguous by looking at the contract as a whole in light of the circumstances present when the parties entered the contract. Universal Health Servs., Inc. v. Renaissance Women’s Group, P.A., 121 S.W.3d 742, 746 (Tex.2003). If a contract is determined to be ambiguous, the court may consider extraneous or parol evidence to determine the meaning. Nat’l Union Fire Ins. Co. v. CBI Indus., Inc., 907 S.W.2d 517, 520 (Tex.1995). The meaning of an ambiguous contract is a question of fact. Harris v. Rowe, 593 S.W.2d 303, 306 (Tex.1980). “A basic principle of contract interpretation in admiralty law is to interpret, to the extent possible, all the terms in a contract without rendering any of them meaningless or superfluous.” Chembulk Trading LLC v. Chemex Ltd., 393 F.3d 550, 555 (5th Cir.2004).

The parol evidence presented as to the meaning of “offshore” in the MSA between ADTI and Francis Drilling establishes that the MSA applied to the work that Francis Drilling was doing on RIG 46 when Jones was injured. Francis Drilling could not have done any work for ADTI without an MSA in place. The August 13, 2003 cover letter that accompanied the MSA for Francis Drilling to sign stated that ADTI “require[d] this agreement of our subcontractors to perform services or provide equipment on our offshore turnkey drilling wells.” (Liberty Mutual Trial Binder, Ex. 16). There was no other MSA between the parties. Francis Drilling did a substantial amount of work for ADTI, including a significant amount of work on inland waters. ADTI did no turnkey drilling projects on land.

The substantially similar MSAs between ADTI and BJ Services and ADTI and Baker Hughes support the conclusion that ADTI’s MSA was a standard contract that covered all of the work that its subcontractors performed for it, whether on inland waters or on waters off the coastline. There is no evidence that ADTI had any other form MSA that would apply to work on inland waters as opposed to work offshore, such as in the Gulf of Mexico. The work orders issued to BJ Services and Baker Hughes stated that work done under these work orders — including work “in adjacent state waters” — was covered by the MSAs. This supports the conclusion that the parties contemplated that work on “inland” waters was covered by the MSAs.

The testimony also supported interpreting “offshore” to include both inland waters and waters off the coastline. Jennings, ADTI’s senior contracts administrator, testified that ADTI used the term “offshore” to include “off the coast of the Gulf or inland waters.” Barry Charpentier, the corporate representative for Francis Drilling Fluids, testified at trial that he did not understand the term “offshore” to apply to work done on inland waters. But Charpentier conceded that in his deposition, he testified that he understood that the MSA for “offshore” work required Francis Drilling to indemnify ADTI for Jones’s accident on RIG 46. Charpentier also admitted that no one at Francis Drilling had ever suggested to ADTI that the work Francis Drilling performed in inland waters would not be covered by the MSA.

This court finds and concludes that the term “offshore” in the MSA between ADTI and Francis Drilling encompassed both inland waters and waters off the coastline. The MSA applied to the work that Francis Drilling and its employees were performing on RIG 46 on January 7, 2007. The MSA’s reference to “offshore” work does not provide a basis for Liberty Mutual and Francis Drilling to avoid their insurance and indemnity obligations under the MSA.

B. The MSA is a Maritime Contract

In the Memorandum and Order issued on the cross-motions for summary judgment, this court concluded that the MSA was a maritime contract, that maritime choice-of-law rules therefore applied, and that under those rules, the MSA’s choice-of-law clause that specified the application of maritime or Texas law was valid. This court also concluded that under maritime law, the indemnity obligations in the MSA were valid. Liberty Mutual and Francis Drilling continue to dispute that the MSA is a maritime contract, arguing that Louisiana law applies and invalidates the indemnification provisions.

The MSA satisfies the two-step test in the Fifth Circuit for determining whether a contract is a maritime contract. The first step requires a court to ask whether the contract is of the type historically treated as a maritime contract. The second step requires a court to examine the specific facts of the case. Demette v. Falcon Drilling Co., 280 F.3d 492, 500 (5th Cir.2002). “For some types of contracts,” however, “the historical treatment is sufficiently clear that the [second step, the] fact-specific inquiry[,] becomes unimportant.” Id.

Applying this test leads to the conclusion that the MSA is the type of contract historically treated as a maritime contract. The MSA secures the performance of services and the provision of equipment “in conjunction with the drilling of offshore wells using a [mobile offshore drilling unit],” and contemplates that these activities “will be conducted primarily upon and in the furtherance of the mission of such vessels.” (TODCO Trial Binder, Ex. 7 at 1). Under maritime law, inland barge rigs like RIG 46 are considered “vessels” and contracts relating to work on such barge rigs have historically been treated as maritime in nature. See, e.g., Thibodeaux v. Vamos Oil & Gas Co., 487 F.3d 288, 294 (5th Cir.2007). The MSA is of the type historically treated as a maritime contract.

The second step of the Demette test also supports the conclusion that the MSA is maritime in nature. The invoice between ADTI and Francis Drilling that described the cleaning work performed on the barge rig vessel provided evidence of an oral work order. Jones was doing this cleaning work when he was injured. Although RIG 46 was in a marsh, it was very close to the navigable Intercoastal Canal and crew boats were able to navigate the water around RIG 46. The work done was specifically related to the mission of RIG 46.

Because the MSA is a maritime contract, the choice-of-law clause, which specifies maritime or Texas law, governs. Under maritime law, the indemnification provisions of the MSA are valid.

During the bench trial, Liberty Mutual and Francis Drilling challenged these findings and conclusions on multiple grounds. Liberty Mutual and Francis Drilling contended that this court erred in concluding that RIG 46 was a “vessel.” Liberty Mutual and Francis Drilling cited In re Silver Slipper Casino Venture LLC, 264 Fed.Appx. 363, 364-65 (5th Cir.2008), for the proposition that a vessel moored for a prolonged period and connected to or resting on the water bottom is not a “vessel” under maritime law. But Silver Slipper stands only for the proposition that a casino barge that has been “permanently moored,” “was not practically capable of being transported over water,” and was moved from its location only because a hurricane ripped the barge free of its steel moorings, was not a “vessel” under maritime law. The Silver Slipper court acknowledged that its holding was limited to cases in which a vessel “has been permanently moored or otherwise rendered practically incapable of transportation or movement.” The court noted with approval the Supreme Court’s recent definition of a “vessel” as “includfing] every description of water-craft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” Id. at 365-66 (emphasis added) (quoting Stewart v. Dutra Constr. Co., 543 U.S. 481, 489, 125 S.Ct. 1118, 160 L.Ed.2d 932 (2005)).

There is no evidence that RIG 46 was permanently moored over the Peterson well or that it was not practically capable of being transported over water. RIG 46 rested on the bottom of Bayou Carlin for not quite a year. RIG 46 was designed to rest on the water bottom during each drilling project and then, when the drilling was complete, rise from the bottom for transportation over water for the next project. Silver Slipper is clearly distinguishable.

The facts presented by Jones’s accident on RIG 46 are not novel, and the well-settled case law shows that RIG 46 is a “vessel” for purposes of maritime law. “Submersible drilling barge cases are legion and invariably involve injuries occurring while the drilling barge is fixed on the ocean floor and not floating or in movement.” Barger v. Petroleum Helicopters, Inc., 692 F.2d 337, 343 n. 4 (5th Cir.1982). “A submersible drilling barge designed to transport drilling equipment to a well site, to submerge for drilling operation, and to refloat for movement to a new site, is a vessel.” 1 Thomas J. Schoenbaum et al„ Admiralty and Maritime Law § 3-6 (4th ed. 2003). A floating submersible rig is a “vessel” for purposes of maritime law even when it is “hard aground” and its “only relation ... to the sea [i]s its past — when it was towed to a new location — or its future — when it w[ill] again be towed to another location.” Barger, 692 F.2d at 342 (citing Offshore Co. v. Robison, 266 F.2d 769 (5th Cir.1959)); see also Demette, 280 F.3d 492, 498 n. 18 (5th Cir.2002) (“This circuit has repeatedly held that special-purpose moveable drilling rigs ... are vesseis within the meaning of admiralty law”; rejecting the contention that a drilling rig stops being a “vessel” when it is “temporarily taken out of navigation” and attached to the water bottom for purposes of drilling); Fontenot v. Mesa Petroleum Co., 791 F.2d 1207, 1214 n. 5 (5th Cir.1986) (a semisubmersible drilling unit is “indisputably a vessel”). The fact that the hull of RIG 46 rested on the bottom of Bayou Carlin for almost a year during the drilling project is consistent with finding it a “vessel” under maritime law.

Liberty Mutual and Francis Drilling also argue that RIG 46 was not a vessel because it did not have a captain or navigation aids and required a tug boat to position it over the Peterson well. The absence of a captain or navigation aids is not dispositive. In Manuel v. P.A.W. Drilling & Well Service, Inc., 135 F.3d 344, 351 (5th Cir.1998), the Fifth Circuit rejected the argument that a floating rig was not a “vessel” under maritime law because it lacked “navigational aids; a raked bow; lifeboats and other lifesaving equipment; bilge pumps; crew quarters; and registration with the Coast Guard as a vessel.” The court noted that the rig’s “transportation function ... was not merely incidental^ but] ... was essential to the work it was designed and built to perform. It was a highly mobile, self-contained unit,” the mobility of which “allowed it to service wells located in various places on navigable waters.” The rig “transported all of the necessary equipment across navigable waters to each location.” Id. The court concluded that the fact that it “serve[d] as a work platform when stationed over well-heads ... d[id] not detract from the importance of its transportation function.” Id. RIG 46 was similarly equipped; it was a drilling rig capable of transporting drilling equipment from site to site over navigable waters. The differences between RIG 46 and the rig in Manuel do not support Liberty Mutual’s and Francis Drilling’s argument. For example, the fact that RIG 46 had living quarters for 43 men is consistent with its vessel status. See, e.g., Holmes v. Atlantic Sounding Co., 437 F.3d 441 (5th Cir.2006) (a “quarterbarge,” an unpowered, floating dormitory that housed employees during dredging projects, was a vessel). The case law establishes that RIG 46 is a vessel.

Liberty Mutual and Francis Drilling also argue that this court erred in failing to construe the MSA in conjunction with the oral work order under which Francis Drilling was operating. They argue that this court did not consider that the work order was for the cleaning of a barge rig sunk to the bottom of a canal, or that the canal itself was surrounded by vegetation and had to be dredged before RIG 46 could navigate into that area of the bayou. This court agrees that the specific work order and nature of work actually performed at the time of the accident should be considered in conjunction with the MSA to determine whether maritime law applies. See Davis & Sons, Inc. v. Gulf Oil Corp., 919 F.2d 313, 315-16 (5th Cir.1990). This analysis was performed as part of applying the two-step test under Demette. The MSA and the oral work order, taken together, show that the nature of the contract was for Francis Drilling to perform services in furtherance of the barge rig’s mission; a barge rig is a vessel under maritime law; personnel contracts for inland drilling barges are historically treated as maritime contracts (see Thibodeaux, 487 F.3d at 294); the marsh in which RIG 46 was moored and in which the drilling took place was sufficiently navigable for the vessel to be pulled into place by tug and for crew boats and supply boats to access the vessel directly; and RIG 46 was only 1,700 feet from the navigable Intercoastal Canal. The oral work order does not provide a basis for reconsidering the finding and conclusion that the MSA was a maritime contract.

Finally, Liberty Mutual and Francis Drilling contend that because ADTI and TODCO took the position in moving to dismiss the Jones Act claim that Jones’s work did not serve the mission of the barge, they cannot now change that position. But under maritime law, the test for what qualifies as a “maritime” tort differs significantly from what constitutes a “maritime” contract. See Norfolk S. Ry. Co. v. Kirby, 543 U.S. 14, 23, 125 S.Ct. 385, 160 L.Ed.2d 283 (2004) (“[T]he boundaries of admiralty jurisdiction over contracts — as opposed to torts or crimes — [are] conceptual rather than spatial.”). The analysis of Jones’s tort claim is not the same as the analysis of the contract issues. There is no judicial estoppel bar to the position that ADTI and TODCO are taking. And this court did not rule on whether there was a valid Jones Act claim because the parties dismissed that claim by stipulation. ADTI’s and TODCO’s position on whether there was a Jones Act claim does not provide a basis for concluding that the MSA or accompanying work order were not maritime in nature.

The MSA is a maritime contract. Louisiana law does not apply to invalidate the indemnification provisions. The MSA does not provide a basis for Liberty Mutual and Francis Drilling to avoid their indemnification obligations.

C. Jones’s Injury Arose Out of Francis Drilling’s Work on RIG 46

Liberty Mutual also contends that the third-party plaintiffs are not entitled to coverage as additional insureds because the CGL Policy provides additional insured coverage only for bodily injury arising out of “your [Francis Drilling’s] work.” (Id., Ex. 19, endorsement 22). The CGL Policy defines “your work” as the “work or operations performed by you or on your behalf.” (Id., Ex. 19 at 15). Liberty Mutual argues that because Jones’s injury “was caused solely by the actions and/or work of BJ Services and Baker Hughes/Baker Fluids[, it] did not arise out of Francis’ work for ADTI.” (Docket Entry No. 206 at 36).

The CGL Policy does not restrict coverage for insured contracts to those bodily injuries arising out of Francis Drilling’s work, stating only that Liberty Mutual will pay “those sums that [Francis Drilling] becomes legally obligated to pay.” (TOD-CO Trial Binder, Ex. 19 § 2(b)(2)). Francis Drilling’s arguments as to its legal obligation to pay under the MSA were that the MSA did not apply to work done on inland waters and that the MSA’s indemnification provisions were invalidated by Louisiana law. This court has already rejected these arguments.

Liberty Mutual’s argument as to additional-insured coverage fails. Jones was injured while performing work that was part of what ADTI hired Francis Drilling to do on RIG 46. The invoice described the work as “cleaning services @ location to clean ... (4) sand traps.” (TODCO Trial Binder, Ex. 12). At the time of the accident, Jones was cleaning oil-based drilling mud out of a sand trap. Jones was injured because an employee of another subcontractor on RIG 46 poured approximately three gallons of W.O. Break so that the fumes reached the enclosed area in which Jones was working. But the CGL Policy does not restrict coverage to work-related injuries to Francis Drilling employees caused by the negligence of other Francis Drilling employees. The MSA, for which the CGL Policy provided additional insured coverage, made it clear that Francis Drilling employees would be working with employees of other contractors and subcontractors. The MSA made it clear that Francis Drilling would be required to indemnify these contractors and subcontractors and provide insurance to those contractors and subcontractors for injuries to Francis Drilling’s employees.

The cases that Liberty Mutual cites are inapposite. In National Hills Shopping Center, Inc. v. Liberty Mutual Insurance Company, 551 F.2d 655, 661 (5th Cir.1977), the Fifth Circuit concluded that the insurer for a department store that leased space in a shopping center was not obligated to cover the shopping center’s owner as an additional insured. The lessee’s premises were damaged when part of the shopping center roof collapsed. The lessee’s insurance policy provided additional insured coverage only for damages “arising out of’ the lessee’s business. The court concluded that additional insured coverage was not available because the insured risk was “the business of operating a department store,” not the risk of “owning, operating, maintaining and leasing a shopping center.” Id. at 661. The court noted that the insurer “did not assume all liabilities for property damage which might befall any person or entity qualifying as an ‘insured.’ ” For coverage to apply, “the liability must be shown to have resulted from damages arising out of the business of the named insured.” Id. In the present case, the insured risk was the provision of cleaning services to an oil rig, including the risk that employees providing such services would be injured by another subcontractor’s negligence. Jones was injured while performing this work. National Hills Shopping Center does not support a finding of no coverage.

Liberty Mutual also cites Laper v. Board of Comm’rs of Port of New Orleans, 617 So.2d 505, 513 (La.App. 4th Cir.1993). In that case, the court concluded that an indemnification clause in an insured contract did not require coverage by the indemnitor’s insurer because the clause did not expressly provide coverage for injury arising out of the indemnitee’s own negligence. In the present case, by contrast, the MSA stated that Francis Drilling would “at all times be responsible for ... and hold Contractor Group harmless from and against any and all costs, losses, liabilities, claims, demands, causes of action, damages, penalties, judgments and awards of every kind and character, without limit and without regard to the cause or causes thereof or the negligence or fault of any party or parties .... ” (TODCO Trial Binder, Ex. 7 § 9.1 (emphasis added)).

In Gotro v. Town of Melville, 527 So.2d 568, 570 (La.App. 3d Cir.1988), another case that Liberty Mutual cites, the court concluded that a sewer construction contractor that had promised to indemnify and insure the town of Melville, Louisiana for damages arising from its performance of sewer construction work did not owe the town coverage as an additional insured. The plaintiff sued the town and the sewer contractor for injuries she sustained when her pickup truck hit a rut in the street. The court concluded that the plaintiffs injury did not arise out of the sewer contractor’s work because there was no evidence that the contractor had done work in the area where the plaintiff was injured. In the present case, Jones’s injury arose from the work he did for Francis Drilling under the MSA, which contained the indemnification provision.

Jones’s injury arose out of Francis Drilling’s work on RIG 46. Liberty Mutual’s argument does not provide a basis to deny coverage.

D. The Total Pollution Exclusion Does Not Apply

Liberty Mutual contends that the Total Pollution Exclusion in the CGL Policy bars coverage. Francis Drilling and the third-party defendants argue that the Total Pollution Exclusion does not apply. The evidence showed that Jones was injured through exposure to sodium hypochlorite solution vapors in the Tank 4 sand trap. There is also evidence that other crew members smelled the vapors, although there is no other evidence of injury to any one besides Jones. W.O. Break is a chemical used on oil rigs and is considered a pollutant and a hazardous substance. There is conflicting evidence as to whether the W.O. Break was used for its intended purpose when Jones was injured. There is no evidence that the W.O. Break was released outside a contained vessel within RIG 46. The “zero discharge” operation of the rig was maintained. There is no evidence that TODCO, ADTI, or the subcontractors had to perform any environmental cleanup as a result of the use of WO. Break that led to Jones’s injury.

In Doerr v. Mobil Oil Corporation, 774 So.2d 119 (La.2000), the Louisiana Supreme Court clarified Louisiana law on the proper interpretation of total pollution exclusions. Doerr held that such clauses “w[ere] designed to exclude coverage for environmental pollution only” and cannot be “applied to all contact with substances that may be classified as pollutants.” Id. at 123, 127-28. The Doerr court analyzed the history of total pollution exclusions, observing that such clauses originated in response to federal and state legislation, such as CERCLA, that assigned responsibility for the costs of cleaning up environmental pollution. The exclusions were designed to prevent