Last night, mere hours after Part 1 of this topic posted, the Fifth Circuit took the rare step of vacating the 2-1 opinion in Ewing v. Amerisure and in turn certifying two questions to the Supreme Court of Texas on the subject.
The Fifth Circuit panel that decided Ewing Construction Co. v. Amerisure Insurance Company did not get the same press that Justice Roberts and the SCOTUS opinion on Obamacare did this Summer, but it was just as wrong. Ewing v.
Fracking is big business in Texas and elsewhere. For many contractors, the fracking boom came along just in the nick of time as the recession set in. The intensity of gas drilling has turned many small burgs in Texas into booming energy towns. The insurance carriers have taken notice and that is not necessarily a good thing. Case in point Nationwide Insurance:
The passage of HB 2093 (the anti-indemnification bill) has contractors reviewing their indemnity contracts and their insurance coverage. ASA Houston's "This Week" has a note on HB 2093's general requirements:
Zurich's new white paper on water damage prevention is worth the read. A 2010 Zurich claims study found that more than 60% of water damage claims could have been mitigated or prevented.
Here are some excerpts from the report itself: