Quorum Health Resources, L.L.C. v. Maverick County Hospital District

ROSENTHAL. District Judge:

The primary issue in this appeal is whether a contractual indemnity provision meets the requirements of the Texas express negligence rule, entitling the indem-nitee to relief from a judgment based on its own negligence. By cross-appeal, the indemnitee challenges its insurer’s compliance with the duty to defend. The insurer, in turn, challenges the insured’s compliance with the cooperation clause in the insurance policy.

This court concludes that, as a matter of law, the contract does not meet the Texas express negligence rule’s requirements for indemnification of…