Harold Flanagan

hflanagan@flanaganpartners.com

Experience Summary
Harold J. Flanagan is a former shareholder in the Maritime, Oilfield, and Insurance Section of Liskow & Lewis. His practice includes both contracts and litigation in the areas of insurance coverage/recovery, construction, oil and gas production, admiralty casualty, and commercial matters.

Mr. Flanagan's insurance law practice is broad, covering transactional matters and litigation in the contexts of oil and gas production, maritime operations, construction, casualty, and products liability. He leverages his practical and academic experience to counsel clients in transactional and litigation matters. Mr. Flanagan is frequently associated by other law firms to assist in litigating the insurance aspects of casualty claims.

He has extensive experience in contract drafting for oil and gas producers, including drilling contracts, master service agreements, vessel charters, and U.S. Customs/Jones Act compliance.

In the area of construction law, Mr. Flanagan has extensive experience drafting construction contracts and litigating construction disputes for contractors and property owners.

With respect to casualty litigation, he is frequently called upon to investigate casualties, and advises clients on matters involving well blowouts, explosions, drilling rig and vessel accidents, and other oilfield tort claims.

Mr. Flanagan graduated from Loyola University with B.S. in Business Management in 1984, and from the Loyola School of Law in 1995, cum laude. For the past twelve years, he has taught insurance law at Tulane Law School. His outstanding service to the school was recognized when he was awarded the Monte M. Lemann Distinguished Teaching Award in 2003 and 2010. He is a frequent lecturer and author in the areas of oil and gas law, construction contracts and litigation, and insurance coverage.

Mr. Flanagan enlisted in the U.S. Marine Corps in 1985 and recently retired at the rank of colonel in the Marine Corps Reserve after 26 years of service, including overseas service in Operation Enduring Freedom.

Year Admitted to Practice
1996

Other Professional Experience
• Shareholder in the New Orleans office of Liskow & Lewis 1996-2008
• Tulane Law School - Adjunct Faculty Member, Insurance Law Course, 1999 - present
• Loyola University School of Law - Lecturer, Basic Practical Insurance Law Skills Course, 2011 - present
• Contributing author for energy contracts issues in Contractual Risk Transfer published by International Risk Management Institute

Education
• Loyola University, J.D., cum laude, 1995
• Loyola University, B.S., 1984

Law School Honors
• Loyola Law Review Member
• Finalist, Moot Court competition

Professional, Business & Civic Affiliations
• New Orleans, Louisiana State, and Federal Bar Associations - Member
• Federal Bar Association, New Orleans Chapter - Board of Directors, 2012 - present
• New Orleans Bar Association -Young Lawyers Section - Board of Directors, 1998 - 1999
• U.S. Marine Corps and Marine Corps Reserve - Colonel, 1985 – 2011

Professional Honors
• Best Lawyers in America, Insurance, Construction, and Commercial Litigation (2010-2012)
• New Orleans Magazine Top Lawyers, Business Law, Insurance (2009, 2010)
• Recipient, Tulane Law School, Monte M. Lemann Distinguished Teaching Award (2003, 2010)

Presentations
• "Litigating Insurance Coverage Claims: From Start to Finish," NBI faculty member, December 2011
• "Avoiding the Pitfalls of Onshore Drilling Contracts," 13th Edition Energy Contract Management in Oil and Gas conference, December 2011
• "Master Service Agreements and Risk Allocation," South Texas College of Law Energy Law Institute, September 2010
•“How Master Service Agreements and Risk Allocation Provisions Work,” Rocky Mountain Mineral Law Foundation
Special Institute, Houston, TX, March 2010
• “Insurance Impacts to the Oil & Gas Industry Following Katrina,” University of Mississippi Seminar on Post Katrina Insurance Developments, Biloxi,
MS, October 2009
•“What You Really Need to Know About How Master Service Agreements and Risk Allocation Work,” Rocky Mountain Mineral Law Foundation
Seminar on Oil and Gas Agreements: The Exploration Phase, Santa Fe, NM, May 2009
•“Construction Contracts: Avoiding Problems Before They Start,” National Trust Real Estate Association Seminar New Orleans, LA, May 2009
• “Insurance and Indemnity Issues in the Energy Business,” University of Houston Law Center Continuing Legal Education, 2008
• "Allocation of Risks by Contract," Marsh Upstream Energy Insurance and Risk Management Course, Houston, TX, March 2008
• "Implement an Offshore and Onshore Hurricane Crisis Resolution to Avoid Chaos," Advanced Contract Risk Management in Upstream
Oil and Gas, IQPC, Houston, TX, June 2007
• "Business Interruption and Force Majeure Issues Arising out of the Hurricanes," South Texas College of Law Energy Law Institute, September 2006
• "The Katrina Effect: What Has the Oil and Gas Industry Learned Regarding Insurance and Risk Management," Strategic Research Institute's
3rd Annual Insurance and Risk Management for the Oil and Gas Industry Summit, Houston, TX, March 2006
• “Insurance and Indemnity Basics in Oilfield Contracts,” International Quality Production Corporation, 2006
• “Drilling Contracts,” South Texas Law School, 2005
• “Insurance and Indemnity Basics in Oilfield Contract,” Strategic Research Institute, 2005
• “Drafting Effective Contract Provisions to Avoid Common Pitfalls,” International Quality Production Corporation, 2004
• “Insurance and Indemnity Basics in Oilfield Contract,” Strategic Research Institute, 2004
• “Insurance Trends,” New Orleans Bar Association, 2004
• “Insurance Update,” New Orleans Bar Association, 2004
• “Oilfield Indemnity Issues,” Plano Landman’s Association, 2004
• “Architect’s Liability: Legal Framework and Different Perspectives,” Louisiana Architectural Focus Group, 2002
• “Post 9-11 Insurance Issues,” New Orleans Bar Association, 2002

Publications:
• "Risk Allocation in Onshore Drilling Contracts," IRMI, Contractual Risk Transfer (2011)
• "Don’t Get Stuck With The Check When It’s Not Your Dinner: Indemnity and Insurance Issues Under Joint Operating Agreements,"
(with William W. Pugh), Rocky Mtn. Min. L. Inst., Ch. 6 (Mar. 2008)
• "The Roles of Loss Adjusters and Consultants in the First-Party Insurance Claim: A Policyholder Perspective," Committee on Insurance
Coverage Litigation: Coverage, Vol. 17, No. 1, American Bar Association (September/October 2006)
• "Onshore Drilling Contracts: Avoiding the Pitfalls of Form Drilling Contracts, Oil and Gas Agreements: The Exploration Phase,"
Paper No. 9, 14-1 (with Lisa B. Brown) Rocky Mt. Min. L. Fdn. 2004
• "Master Service Agreements and Risk Allocation: In Whose Good Hands are You?" (with William W. Pugh), 48 Rocky Mt. Min. L. Inst. 14-1, 2002
• "Purchase Order Contracts: A Whole Lot More Than You Bargained For?" (with Bryan C. Reuter), 46 Loy. L. Rev. 365 (2000)

Bar Admissions
Louisiana

Representative Cases/Contracts
• OceanConnect.com, Inc. v. M/V Fesco Angara, Slip Op., 2012 WL 3835098 (W.D. La. 2012)
• St. Paul Fire & Marine Ins. Co. v. Bd. of Com'rs of Port of New Orleans, 418 Fed. App'x 305 (5th Cir. 2011)
• St. Paul Fire & Marine Ins. Co. v. Bd. of Com'rs of Port of New Orleans, CIV.A. 07-3053, 2011 WL 2457908 (E.D. La. June 17, 2011)
• C.R. Pittman Construction Company, Inc. v. National Fire Insurance Company of Hartford, 453 Fed. Appx. 439 (5th Cir. 2011)
• KAI Enterprises, L.L.C. v. Boh Bros. Const. Co., L.L.C., 731 F.Supp. 2d 568 (E.D. La. 2010)
• Nexen Petroleum U.S.A., Inc. v. Sea Mar Div. of Pool Well Services Co., 497 F.Supp.2d 787 (E.D. La. 2007)
• Burlington Resources, Inc. v. United National Ins. Co., 481 F.Supp.2d 567, 572 (E. D. La. 2007)
• Assoc. Indemnity v. Motorola, Inc., 878 So.2d 824 (La. App. 1 Cir. 2004)
• Hospital Service Dist. No. 3 of Parish of Lafourche v. Fidelity & Deposit Co. of Maryland, 809 So.2d 145 (La. App. 1 Cir. 2001)
• Singleton v. United Tugs, Inc., 710 So.2d 347 (La. App. 4 Cir. 1998)
• Freeman v. Witco, Corp., 984 F.Supp. 443 (E.D. La. 1997)
• Negotiation of $500 million contract to build and charter semi-submersible drilling rigs