In a 5-4 decision, the Texas Supreme Court reversed a court of appeals’ ruling that affirmed summary judgment for a subcontractor and held that a settling contractor and its insurer may pursue contractual proportional indemnification against a non-settling subcontractor after settling underlying personal-injury claims, because Texas law permits parties to allocate comparative indemnity by contract and neither contribution principles nor the express-negligence doctrine bars enforcing an agreement requiring indemnification only for the subcontractor’s allocable share of negligence, but that the settling parties must prove on remand that the settlement was reasonable, in good faith, and attributable in part to the subcontractor’s fault.
