News & Analysis as of

Contract Drafting Additional Insured

Goldberg Segalla

Risk Transfer, Employer Liability and Grave Injuries: Who Is Going to Pay?

Goldberg Segalla on

There are four basic causes of action involved in pursuing risk transfer. Two based upon contractual requirements which are known as Contractual Indemnification and Insurance Procurement, and two based upon the common law...more

Carlton Fields

Insurance is Big in Texas: In Deepwater Horizon Case, Texas Stretches a Policy’s Four Corners to Include Other Contracts

Carlton Fields on

Last month, in In re Deepwater Horizon, Relator, the Supreme Court of Texas applied a fundamental principle of insurance law to a case with enormous financial implications. The owner of the Deepwater Horizon drilling rig had...more

Cozen O'Connor

Texas Supreme Court Incorporates Limitations From An “Insured Contract” Into GL Policy

Cozen O'Connor on

In In re Deepwater Horizon, Cause No. 13-0670, Slip Op., Feb. 13, 2015, the Texas Supreme Court held that an allocation of liability found in an “insured contract” would determine the coverage provided to an additional...more

BakerHostetler

The Supreme Court of Texas Marries Contractual Limitations to Insurance Policies

BakerHostetler on

In a case that has been closely watched by the oil and gas industry and its insurers, the Supreme Court of Texas issued its opinion in In re Deepwater Horizon on February 13, 2015, and settled the debate concerning whether a...more

Beveridge & Diamond PC

Texas Supreme Court Rules Additional-Insured Coverage is Limited by Underlying Indemnification Agreement in In re Deepwater...

Beveridge & Diamond PC on

In a much anticipated 8-1 decision, the Texas Supreme Court ruled Friday that BP is not entitled to additional-insured coverage in In re Deepwater Horizon, No. 13-0670 (Feb. 13, 2015)....more

Blank Rome LLP

$750,000,000 Missing Comma Comes Unhinged in BP’s Additional Insured Claim

Blank Rome LLP on

Action Item: Courts must consider whether an insurance policy incorporates other documents and the extent thereof in evaluating the existence of additional insured coverage. Parties should evaluate the policy and underlying...more

Cranfill Sumner LLP

Indemnity Clauses, Anti-Indemnity Legislation and Additional Insureds

Cranfill Sumner LLP on

Indemnity Clauses and Anti-Indemnity Legislation - I. Purpose and Enforceability of Indemnity Clauses - Indemnification is an equitable doctrine that attempts to shift the burden of a judgment from one party...more

Snell & Wilmer

Under Construction - June 2013: Colorado’s Anti-Indemnity and Additional Insured Law

Snell & Wilmer on

The Colorado anti-indemnity statute significantly affects the enforceability of indemnification provisions in Colorado construction contracts. With some limited exceptions, construction contracts imposing broad indemnity...more

Snell & Wilmer

Under Construction - June 2013: Nevada Indemnification Clauses and Additional Insured Endorsements

Snell & Wilmer on

Unlike many states, Nevada has no statutory prohibition on indemnification agreements within the construction context. This has been an issue of significant concern every legislative session since 1995, with 2013 being no...more

K&L Gates LLP

Determining the Scope of “Additional Insured” Coverage: Recent ISO CGL Insurance Form Revisions Merit Close Attention By...

K&L Gates LLP on

It is common among parties to sophisticated construction projects, service agreements, leases, and many other types of projects and transactions, to assess the risks associated with their contractual activities and allocate...more

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