XL Specialty Insurance v. Kiewit Offshore Services, Ltd.

BENAVIDES, Circuit Judge:

This appeal is from a declaratory judgment ruling that the plaintiff insurance company had a duty to defend and indemnify the defendant general contractor in an underlying state wrongful death suit. It involves the application of Texas’s express negligence rule to an indemnity contract between a general contractor, the indemni-tee, and a sub-contractor, the indemnitor. Applying Texas precedent, we conclude that the language in the indemnity provision satisfied the requirement that the contract must unambiguously state a party’s intent to indemnify the indemnitee for…