Two workers died when a gas leak occurred in a pipeline manhole. The pipeline operator (Enserch) had a written indemnity agreement with the independent contractor (Christie) that required the contractor to cover claims against the operator, even if the operator was negligent. The Texas Supreme Court enforced this agreement, meaning the contractor had to indemnify the operator for the wrongful death claims. This matters to subcontractors because broad indemnity clauses—especially those covering the other party's own negligence—are enforceable in Texas if clearly written.
Indemnity agreements that require you to cover the other party's negligence are enforceable in Texas if the language is clear and meets statutory requirements.
Don't assume an indemnity clause won't apply to the other party's own negligence—courts will enforce it if the contract explicitly says so.