Texas Supreme Court

Ken Petroleum Corporation and Certain Member Companies at the Institute of London Underwriters, Petitioners…

October 12, 200024 S.W.3d 344

Summary

The Texas Supreme Court interpreted the 1991 Texas Oilfield Anti‑Indemnity Act, holding that §127.005(b) requires only a written agreement to procure insurance and does not demand equal dollar amounts; differing amounts merely limit the enforceable indemnity to the lower coverage. Accordingly, the Court reversed the appellate judgments voiding the mutual indemnity provisions in both Weber Energy and Ken Petroleum cases, remanding Ken Petroleum for further issues and affirming the DTPA dismissal.