law-indemnity
CONTRACTUAL INDEMNITY
The conspicuousness requirement mandates that something appear on the face of an indemnity
agreement to attract the attention of a reasonable person. See Dresser Indus., Inc. v. Page
Petroleum, 853 S.W.2d 505, 508-09 (Tex. 1993). The express negligence requirement is not an
affirmative defense, but merely a rule of contract interpretation providing that parties seeking to
indemnify the indemnitee against liability for its own negligence, must clearly state that intent within
the agreement itself. See Fisk Elec. Co. v. Constructors & Associates, Inc., 888 S.W.2d 813,
814-15 (Tex. 1994); Ethyl Corp. v. Daniel Constr. Co., 725 S.W.2d 705, 708 (Tex. 1987).
Craig v. Varon (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Jennings)
(real estate contract, indemnity agreement, trial of issues by consent)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Higley and Sharp
01-08-00794-CV Bob Craig, 6030 South Rice, Ltd. v. Jacobo Varon, Charter Title Company
Appeal from 127th District Court of Harris County
Trial Court Judge: Hon. Shearn Smith
DBHL, Inc. v. Moen Inc. (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland)(product liability, no
indemnity owed)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jane Bland
Panel members: Justices Taft, Bland and Sharp
01-08-00046-CV DBHL, Inc. and Dearborn HL, S. de R.L. de C.V.
v. Moen Incorporated and Moen Sonora S.A. de C.V.
Appeal from 295th District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher
E. I. du Pont v. Shell Oil Co. (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Jennings)
(breach of indemnity agreement, defense costs)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Keyes
01-07-00118-CV E. I. du Pont de Nemours and Company v. Shell Oil Company
Appeal from 127th District Court of Harris County (Hon. Sharolyn Wood)
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