TX STATETexas Supreme Court
1993

Getty Oil Co. v. Insurance Co. of North America

845 S.W.2d 794Texas Supreme Court • Decided 1993Modified

HOLDING

Getty Oil bought chemicals from NL Industries under a contract requiring NL to buy liability insurance naming Getty as an additional insured. When an explosion caused a wrongful death claim, Getty tried to collect under that insurance requirement. The Texas Supreme Court ruled that requiring a seller to add a buyer as an additional insured on the seller's insurance policy is legal and does not violate Texas's anti-indemnity statute, because it's a separate insurance obligation, not an indemnity agreement. This matters to subcontractors because it clarifies that additional insured requirements in contracts are enforceable and distinct from prohibited indemnity clauses.

KEY FINDINGS

Insurance Requirements

Additional insured endorsements on your insurance are legally enforceable in Texas and do not violate anti-indemnity laws, even if your contract also contains indemnity provisions.

Broad Indemnification

When a contract requires you to add someone as an additional insured on your policy, that's a separate obligation from indemnification and will be treated differently by courts.

Flow-Down

Make sure your insurance policy actually allows you to add additional insureds before signing contracts that require it—verify coverage limits and endorsement availability with your insurer.

FULL COURT OPINION