Cases

Four justices of the Texas Supreme Court dissented, stating they would have affirmed summary judgment for a subcontractor in a contractual indemnity dispute arising from a refinery accident, reasoning that a proportional-indemnity clause requiring indemnification only for the subcontractor’s allocable negligence does not permit a contractor that settled claims alleging its own negligence to shift any portion of that settlement to the subcontractor absent express contractual language authorizing indemnification for the contractor’s own negligence or for settling claims on the subcontractor’s behalf and warning that the majority’s ruling raises concerns comparable to those arising from “Mary Carter” agreements.