Topic
Indemnity Agreements
36 published works
Energy & the Law
Louisiana Oilfield Anti-Indemnity Act Nullifies Offshore Indemnity Obligation
You would think that a Master Service Contract concerning boats and oilfield operations in the Gulf of Mexico would be governed by federal maritime law. In some situations you would…
Texas Law Blog
The United States Fifth Circuit Narrows Maritime Contract Scope: Where the Fifth Circuit Stands After Earnest and Offshore Oil Services
In offshore operations, whether a contract is deemed “maritime” has major consequences. The classification determines the application of either federal maritime law or state law, along with its oilfield or…
Louisiana Law Blog
The U.S. 5th Circuit Broadens the Scope of the Louisiana Oilfield Anti-Indemnity Act (LOAIA)
In a case of first impression, the U.S. 5th Circuit recently held that the Louisiana Oilfield Anti-Indemnity Act (LOAIA) does not contain a universal well requirement. Louisiana is only one…
Energy & the Law
LOIA Does Not Apply to a Salt Mine Operation
The issue in QBE Syndicate 1036 v. Compass Minerals Louisiana, LLC was whether the scope of the Louisiana Oilfield Indemnification Act applies to operations involving salt mining? QBE issued a…
Texas Construction Law Blog
Basic Indemnity and Insurance Considerations in the Construction Context
By Julia Bobbitt, Brian Waters
Orignally published in ABC Houston's Build Houston Magazine Construction companies spend countless hours drafting agreements requiring indemnification and insurance for their projects. These obligations are prevalent for all tiers of…
Energy & the Law
A Harsh Result From a Lopsided Indemnity Agreement
Co-author Brittany Blakey Wagner v. Exxon Mobil Corporation is an example of the misfortune that can befall the purchaser who assumes the burden of comprehensive, one-sided indemnity obligations. We will…
Zalma on Insurance
You Only Get What You Ask For
By Barry Zalma
Contract That Required $3 Million in Coverage Was All The Indemnity it Must Pay in the Event of Loss The Texas Oilfield Anti-Indemnity Act (“TOAIA”) voids indemnity agreements that pertain…
Pillar and Post
Fifth Circuit Rules Texas Choice-of-Law Provision Cannot Save Indemnity Agreement from Wyoming Anti-Indemnity Act
By Tom Donaho
Throughout the oil patch, it has become common for parties to enter into agreements that contain Texas choice-of-law provisions, regardless of where the work is being performed or the extent…
Zalma on Insurance
Anti-Indemnity Statute Affirmed
By Barry Zalma
Even With Insurance Wyoming Public Policy Defeats Choice of Law Provision of Contract Texas and Wyoming are leading oil-producing states. Like other leading energy states, they both regulate the use…
Zalma on Insurance
Hold Harmless and Indemnity Agreements Enforceable
By Barry Zalma
Insurer Entitled to Step in Shoes of Insured and Recover More than Three Million Dollars in Fees Paid to Defend Insured In Sentinel Insurance Company, Ltd. v. VLM Foods, Inc.,…