How will the Texas indemnity statute impact waivers of subrogation?  Waivers of subrogation are never mentioned in the statute.  That's true.  So, the new law should have no impact, right?  Well, before we explore that question, let's do some "site work."  Read more

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The passage of HB 2093 (the anti-indemnification bill) has contractors reviewing their indemnity contracts and their insurance coverage.  ASA Houston's "This Week" has a note on HB 2093's general requirements:  Read more

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As the dust settles on the regular legislative session in Texas, people who have jobs outside the capitol complex in Austin are just beginning to assess what passed and what failed.  The fate of the indemnity bill is particularly important to construction contractors and, we have been following it here and here. Multiple times in the last few weeks, the indemnity bill had been declared dead in committee.  Read more

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SB 361, this session's anti-indemnification bill has passed the Senate.  It is currently before the House Committee on Judiciary and Civil Jurisprudence.  We reported on the introduction of this bill here.  Read the latest version of the bill here.

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The indemnification debate is going to heat up again in Austin this session.  SB 361 will present a replay of the indemnity bill debate in last session.  The bill makes void and unenforceable any indemnity that requires the indemnitor (i.e., the person making the promise of indemnity) to indemnify the indemnitee (i.e., the person receiving the benefit of the promise) for the indemnitee's own negligence.  In addition, it makes void and unenforceable additional insured endorsements for the same purpose.    Read more

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