• Fifth Circuit Decision Provides Lessons for Drafting Indemnity and Insurance Clauses
  • April 28, 2010 | Author: David S. White
  • Law Firm: Thompson & Knight LLP - Dallas Office
  • Upon learning that the indemnity (or “hold harmless”) provision in her ground lease was unenforceable for failing to meet Texas’s rigid “express-negligence” rule, a landlord client sighed, “whenever I see the words, ‘indemnification’ or ‘insurance,’ my eyes glaze over.” We frequently hear clients say that in contract negotiations, they, or their attorneys, spend more than half their time negotiating the indemnity and insurance sections, and they often still get it wrong. What’s going on with Texas indemnity law?