Ken Petroleum Corp. v. Questor Drilling Corp.

The common issue in these cases is the proper construction of the 1991 version of the Texas Oilfield Anti-Indemnity Act. 1 The drilling contracts in dispute have mutual indemnity provisions under which the drilling contractor agreed to indemnify the operator from claims by the contractor’s employees, and the operator in turn agreed to indemnify the contractor for claims by the operator’s employees. The trial courts in each case held that the indemnity provisions were void under the TOAIA, and the courts of appeals affirmed. The courts of appeals construed section 127.005 of the TOAIA to…