Bruce Wilkin Article on Insurance and Indemnity Clause Obligations Published in Texas Lawyer

04.09.15

On February 13, 2015, the Texas Supreme Court decided In re Deepwater Horizon, a closely watched certified question from the U.S. Court of Appeals for the Fifth Circuit concerning the unique interplay between the indemnity and insurance requirements in service contracts and the coverages provided in insurance policies. Transocean owned a drilling rig that was operating in the Gulf of Mexico under a contract between Transocean and BP. After the rig exploded, BP sought coverage as an additional insured under Transocean's insurance policy for the myriad of claims for personal injuries and environmental and economic damages resulting from the release of millions of gallons of oil into the Gulf.  The decision from the Texas Supreme Court was that BP did not have coverage under the contract.  Shareholder Bruce Wilkin wrote a column for Texas Lawyer that examines how the case highlights some dangerous pitfalls to avoid in knowing how indemnity and insurance provisions work together.

Bruce works in Winstead’s Commercial Litigation Practice Group.

Click here to the full article.

Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.

Operators

AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.

back to top