On December 4, 2024, the NAM filed an amicus brief urging the Texas Court of Appeal to affirm a trial court decision enforcing an indemnity agreement. Here, Industrial Specialists was a contractor of Marathon subsidiary Blanchard Refining Company. A fire occurred injuring Industrial Specialists’ employees. The employees sued Blanchard and its other contractors but did not sue Industrial Specialists. After Blanchard and the other contractors settled the employees’ claims, a trial court granted Blanchard’s request for Industrial Specialists to indemnify it for a portion of the liability. Industrial Specialist appealed that decision to the Texas Court of Appeal.
We argued that contract law requires courts to enforce indemnification agreements. Industrial Specialists’ position to the contrary would disrupt countless contracts and disincentivize settlements with personal injury plaintiffs.