Showing 3 posts from November 2015.

Insurers Beware: Courts May Find Coverage of Punitives, If Not Expressly Excluded in the Policy

Texas has a long tradition of protecting the freedom to contract and enforcing the terms of contractual agreements, so long as the agreement doesn't violate the law or public policy. Read More ›

Texas Oilfield Anti-Indemnity

In the energy industry, it is routine for owners, operators, contractors, subcontractors and independent contractors to enter into agreements directing various oilfield operations.  Most often, these agreements are referred to as Master Service Agreements (“MSA”) and cover a specific job at one location.   Read More ›

Manufacturers Beware

Under the Texas Products Liability Act, Chapter 82 of the Texas Civil Practice and Remedies Code (CPRC), manufacturers are required to provide defense and indemnity to innocent sellers of their products.  This is true regardless of the specific claim against the seller, so long as the allegations arise out of a products liability action. The lone exception to this very broad indemnity obligation on manufacturers arises when the seller is not “innocent,” i.e., negligent or causes the injury by its own act or omission.   Read More ›

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