Fresh Coat, Inc. v. K-2, Inc.

This indemnity case concerns products-liability litigation in the residential construction industry. Specifically, we examine a synthetic stucco manufacturer’s duty to indemnify a contractor under Chapter 82 of the Texas Civil Practice and Remedies Code. Two threshold questions are paramount: (1) Is synthetic stucco a “product”? and (2) Is the contractor that installs it on a house a “seller”? We answer yes to both, meaning Chapter 82 applies. We also conclude that the manufacturer’s statutory obligation to indemnify the contractor covers a settlement payment made by the contractor to the…