FOLLOW US

Thu

June 4, 2026

America February 14, 2023 2 mins read

Fracking Well Damage Suit: Judge Rules Against Evanston Insurance in $1.5M Case

America ı By Samuel Lopez

2 Comments

Untitled

(USA Herald) - Investigative Journalist for the USA Herald, Samuel Lopez reports that Markel Corp. insurer, and its unit Evanston Insurance Co., has suffered a legal setback in a $1.5 million fracking well damage lawsuit.

US Magistrate Judge Dena Palermo ruled that the insurer must defend OPF Enterprises LLC in the case. OPF's customer, Apache Corp, had claimed that its oil well was damaged by OPF's tainted ceramic fracking materials.

The judge found that OPF gave sufficient notice to Evanston Insurance Co. of the $1.5 million claim. OPF held a professional liability policy with Evanston, which covered certain claims made against the company. The policy contained a "discovery clause" that allowed OPF to secure coverage for a claim filed after the policy expires if the company gave written notice to Evanston of the circumstances giving rise to the claim during the policy period.

Although Apache did not file its demand letter until April 2017, it had contacted OPF regarding problems with the fracking materials in February 2017. The company had quickly notified its insurance agent, Porter Insurance Agency, which sent an email to Evanston's broker outlining Apache's complaints on March 3, 2017.

Judge Palermo concluded that the email was sufficient to notify Evanston of Apache's later demand against OPF. As a result, the claim was "deemed...to have been first made" on March 3, 2017, during the 2016 policy period. Evanston Insurance Co. denied coverage, and then filed the current lawsuit in Texas federal court in July 2017.

Evanston and OPF filed competing motions for summary judgment last summer. Evanston argued that Porter's email to AmWins Broker of Texas LLC did not constitute written notice of a potential claim during the policy period, rendering the discovery clause inapplicable. The insurer took the position that the clause required OPF to give direct notice to Evanston and that AmWins was not authorized to accept notice on its behalf.

However, Judge Palermo rejected Evanston's arguments, noting that AmWins was contractually obligated to apprise Evanston of any notices it receives from policyholders. Therefore, the broker was indeed authorized to accept OPF's notice of the Apache situation on Evanston's behalf.

The legal ruling comes as a blow to Evanston Insurance Co., which is now obliged to defend OPF Enterprises LLC in the fracking well damage lawsuit. The decision highlights the importance of clear communication and timely notice in insurance claims.

Previous Article

No Insurance Coverage for Sheriff’s Discrimination Suit, Ninth Circuit Rules

Read More
Samuel Lopez
1592 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

HW
Heidy White 3 years Ago

Very well presented. Every quote was awesome and thanks for sharing the content. Keep sharing and keep motivating others.

T
terazi 3 years Ago

There is definately a lot to find out about this subject. I like all the points you made

Don’t Miss It
California News June 04, 2026
Fairfield High School Graduation Shooting Investigation
By – Tyler Brooks
California News June 04, 2026
15 Hours of Terror: Inside the Downtown Bakersfield Crisis
By – Tyler Brooks
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
Entertainment June 3, 2026
Turning the Page: Cassie Ventura Officially…

Cassie Ventura Confirms Departure from the U.S. Following Diddy Legal…

By – Tyler Brooks
Investigates June 3, 2026
Mystery in the Sewers: NYPD Investigates…

In recent weeks, New York City residents and law enforcement…

By – Tyler Brooks
Business June 3, 2026
The Guilty Verdict of Andrew Left:…

The recent federal court ruling finding prominent activist short-seller Andrew…

By – Tyler Brooks
Opinion June 3, 2026
The Pentagon’s ‘Flying Humanoid’: A Masterclass…

Pentagon UFO files human-shaped object, UAP declassification flying humanoid, military…

By – Tyler Brooks
High Profile Court Cases June 3, 2026
FBI Dismantles Sprawling Multi-State Drug Rings…

MARTINSBURG, WV — In a major coordinated federal and local…

By – Tyler Brooks
Investigates June 3, 2026
Deep Divide: Inside the Unprecedented Feud…

A major institutional crisis has surfaced at the highest echelons…

By – Tyler Brooks
America June 2, 2026
Operation Iron Pursuit Leads to Hundreds…

Operation Iron Pursuit continues to generate significant results in the…

By – Jackie Allen
America June 2, 2026
Josh Duggar Appeal Denied as Convicted…

Josh Duggar remains behind bars after a federal judge denied…

By – Jackie Allen
America June 2, 2026
Federal Judge Lets ’86 47′ Flag…

An Obama-appointed judge just ruled a political group can keep…

By – Samuel Lopez
America June 2, 2026
South Carolina Jury Clears Store Owner…

A South Carolina courtroom erupted with emotion Monday after a…

By – Tyler Brooks
America June 1, 2026
Sleeping Dog Documentary Chronicles Jeremy Corbell’s…

The new documentary Sleeping Dog arrives at a pivotal moment…

By – Jackie Allen
America June 1, 2026
Kendall Jenner, Jacob Elordi and the…

I’ve been writing about royals and celebrities for 20 years.…

By – Nathan Kay
America June 1, 2026
Rare Blue Micromoon Lights Up the…

Skywatchers are in for a unique celestial event as a…

By – Jackie Allen
America May 31, 2026
Murder-for-hire Ends with Life Sentence for…

A shocking Murder-for-hire case that spanned multiple states has concluded…

By – Jackie Allen
America May 31, 2026
Frank Lloyd Wright and the Taliesin…

In The Killer and Frank Lloyd Wright, veteran true-crime author…

By – Jackie Allen
America May 30, 2026
Hollywood at a Crossroads: Spencer Pratt…

Los Angeles has its primary election this Tuesday, and the…

By – Jackie Allen
America May 30, 2026
Hayden Panettiere has a Memoir About…

Hayden Panettiere is revealing the emotional toll of growing up…

By – Jackie Allen
America May 29, 2026
Blue Origin Rocket Explodes in Massive…

Blue Origin suffered a major setback Thursday night when one…

By – Jackie Allen
America May 29, 2026
Blue Origin Rocket Explodes in Massive…

Blue Origin suffered a major setback Thursday night when one…

By – Jackie Allen
America May 28, 2026
Alien Coneheads: New DNA Study Doesn’t…

The mystery surrounding the so-called Alien Coneheads of Peru has…

By – Jackie Allen
America May 28, 2026
Trump’s Alien.gov Reveal Turns Into Immigration…

INSIDE THIS REPORT What millions thought would be a historic…

By – Samuel Lopez
America May 28, 2026
Trump’s UFO files reveal mysterious flying…

The newly released UFO Files from the Trump administration have…

By – Jackie Allen
America May 28, 2026
Who’s Lying? E. Jean Carroll Faces…

Author and columnist E. Jean Carroll is once again at…

By – Jackie Allen
America May 28, 2026
Super El Niño: Will 2026 be…

Scientists across the globe are increasingly warning that a potential…

By – Jackie Allen
California News June 3, 2026
Title: 2026 Midterm Primaries: Key Takeaways…

Discover the crucial results of the June 2, 2026 midterm…

By – Tyler Brooks
California News June 3, 2026
Bakersfield Bomb Threat Standoff: FBI Assumes…

BAKERSFIELD, California — A massive multi-agency police response completely locked…

By – Tyler Brooks
California News June 2, 2026
Sabrina Carpenter Granted Restraining Order Following…

Citing “severe emotional distress,” the American pop star has successfully…

By – Tyler Brooks
Entertainment June 2, 2026
The Diddy Fallout: Cassie Fights Back…

As Sean “Diddy” Combs serves time behind bars, the shockwaves…

By – Tyler Brooks
Business June 2, 2026
Archer Aviation: The eVTOL Takeoff Facing…

Strategic Analysis — June 2026 The electric vertical takeoff and…

By – Tyler Brooks
Featured June 2, 2026
From a Casual Night Out to…

It Doesn’t Happen Here’: Quiet Suburb Left Shattered After Fatal…

By – Tyler Brooks
Health June 1, 2026
New Pill Doubles Survival for Pancreatic…

Pancreatic cancer pill doubles life to 13 months By Tyler…

By – Tyler Brooks
California News May 31, 2026
FDA warns public as cookie firm…

FDA warns public as cookie firm rejects urgent recall request…

By – Tyler Brooks
Health May 31, 2026
Trump orders CDC to slash childhood…

Trump orders CDC to slash childhood vaccines from 17 to…

By – Tyler Brooks
Health May 30, 2026
USDA warns Americans over Salmonella in…

USDA warns Americans over Salmonella in meat products By Tylor…

By – Tyler Brooks
America May 28, 2026
GKN Aerospace’s Biggest Battle May Not…

By Samuel López | USA Herald The immediate danger of…

By – Samuel Lopez
America May 24, 2026
Garden Grove Chemical Crisis Sparks Class…

By Samuel López | USA Herald A full-scale legal and…

By – Samuel Lopez
Featured June 1, 2026
Wembanyama in Tears: Spurs Dethrone Thunder…

Spurs dethrone Thunder in epic Game 7 road victory By…

By – Tyler Brooks
High Profile Court Cases May 31, 2026
Supreme Court signals 27 states could…

Supreme Court signals 27 states could ban trans female athletes…

By – Tyler Brooks
Sports May 31, 2026
Mauricio Pochettino sounds alarm on Chris…

Mauricio Pochettino sounds alarm on Chris Richards injury By Tylor…

By – Tyler Brooks
International May 30, 2026
USMNT star Chris Richards tears two…

USMNT star Chris Richards tears two ankle ligaments By Tylor…

By – Tyler Brooks
America May 28, 2026
“Money” Mayweather Tucks Tail: $100 Million…

Floyd Mayweather has beaten every opponent who ever climbed into…

By – Samuel Lopez
America May 27, 2026
Mackenzie Shirilla Sent Text Messages to…

Mackenzie Shirilla is once again at the center of public…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter