A broad indemnity clause asks you to cover the GC's losses, sometimes even for the GC's own negligence. Texas's anti-indemnity statute (Tex. Ins. Code Ch. 151) voids the worst of these in construction contracts, but where the line falls is in the case law. These opinions show exactly how far a GC can push indemnity on a Texas subcontract.
The cases below are organized by outcome and significance. Flagship cases represent the most-cited opinions that have shaped how broad indemnification clauses are interpreted in Texas courts.
A manufacturer must indemnify an innocent seller for products liability litigation costs under Texas Civil Practice & Remedies Code § 82.002(a), even if the seller did not sell the particular defective product that injured the plaintiff, provided the seller qualifies as a 'seller' under the statute.
A surety does not owe a common law duty of good faith to its principal, but good faith is a contractual condition precedent to indemnification, requiring proof of improper motive or willful ignorance rather than mere negligence.
A premises owner that contracts for work performance and provides workers' compensation insurance to contractors' employees qualifies as a statutory employer entitled to the exclusive remedy defense under the Texas Workers' Compensation Act.
136 opinions sorted by most cited
| CASE | CITATION | OUTCOME | CITES |
|---|---|---|---|
| Fitzgerald v. Advanced Spine Fixation Systems, Inc. Texas Supreme Court | 996 S.W.2d 864 (1999) | enforced | 1,055 |
| Associated Indemnity Corp. v. CAT Contracting, Inc. Texas Supreme Court | 964 S.W.2d 276 (1998) | modified | 765 |
| Entergy Gulf States, Inc. v. Summers Texas Supreme Court | 282 S.W.3d 433 (2009) | enforced | 755 |
| Gould Electronics Inc., F/k/a Gould Inc. American Premier Underwriters, Inc. v. United States of America Gould Electronics Inc. American Premier Underwriters, Inc. Court of Appeals for the Third Circuit | 220 F.3d 169 (2000) | remanded | 595 |
| Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's London Texas Supreme Court | 327 S.W.3d 118 (2010) | enforced | 493 |
| The Burlington Insurance Company v. NYC Transit Authority New York Court of Appeals | 29 N.Y.3d 313 (2017) | enforced | 486 |
| Continental Casualty Co. v. Rapid-American Corp. New York Court of Appeals | 80 N.Y.2d 640 (1993) | enforced | 434 |
| Burke v. Regalado Court of Appeals for the Tenth Circuit | 935 F.3d 960 (2019) | enforced | 399 |
| Employers Mutual Casualty Co. v. Bartile Roofs, Inc. Court of Appeals for the Tenth Circuit | 618 F.3d 1153 (2010) | enforced | 396 |
| Demoulas v. Demoulas Super Markets, Inc. Massachusetts Supreme Judicial Court | 424 Mass. 501 (1997) | remanded | 390 |
| Getty Oil Co. v. Insurance Co. of North America Texas Supreme Court | 845 S.W.2d 794 (1993) | modified | 389 |
| Ronald O. Pelletier v. Gary D. Zweifel, Ronald O. Pelletier v. Gary D. Zweifel Court of Appeals for the Eleventh Circuit | 921 F.2d 1465 (1991) | modified | 384 |
| American Family Mutual Insurance v. American Girl, Inc. Wisconsin Supreme Court | 2004 WI 2 (2004) | enforced | 366 |
| Elliott-Williams Co., Inc. v. Diaz Texas Supreme Court | 9 S.W.3d 801 (1999) | enforced | 350 |
| Siebe, Inc. v. Louis M. Gerson Co. Massachusetts Appeals Court | 74 Mass. App. Ct. 544 (2009) | remanded | 344 |
| PPG Industries, Inc. v. JMB/Houston Centers Partners Ltd. Partnership Texas Supreme Court | 146 S.W.3d 79 (2004) | voided | 329 |
| Toy v. Metropolitan Life Insurance Supreme Court of Pennsylvania | 928 A.2d 186 (2007) | modified | 324 |
| Equal Rights Center v. NILES BOLTON ASSOCIATES Court of Appeals for the Fourth Circuit | 602 F.3d 597 (2010) | enforced | 308 |
| Enserch Corp. v. Parker Texas Supreme Court | 794 S.W.2d 2 (1990) | enforced | 285 |
| Keck, Mahin & Cate v. National Union Fire Insurance Co. of Pittsburgh Texas Supreme Court | 20 S.W.3d 692 (2000) | remanded | 277 |
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