To limit exposure to liability, many businesses take out an insurance policy and pay premiums. All too often, when a serious accident, fall, explosion, fire, death, or other catastrophe happens, the insurance provider on that policy does not follow through on the terms of the contract, denies coverage, or employs other deliberate delay tactics in the hopes that the policyholder will give up and not pursue.
At Hendershot, Cannon & Hisey, we have more than 130 years of combined legal experience protecting our clients' rights and financial interests in all types of legal business matters, including business insurance coverage issues and insurance litigation disputes. If your insurance provider has refused to provide defense coverage, or indemnification, we have the knowledge and experience to help you, including commercial insurance disputes that involve:
We aim to hold the insurance company accountable to the terms of the contract and promised benefit of coverage to your business. Call (713) 909-7323 to schedule a case evaluation with an experienced insurance claims litigation lawyer. We provide legal counsel to clients in Houston, throughout Texas and across the nation.
Our insurance litigation practice often deals with issues related to indemnity clauses, which are contract provisions committing one party to compensate the other for losses arising out of a contract. They are important parts of most construction contracts because they allow for one entity, such as a contractor, to protect itself from liability because another entity, such as a subcontractor, assumes the liability.
In Texas, this area of law has changed significantly in recent years. On January 1, 2012, the Texas Anti-Indemnity Act took effect. This law prohibits contracts for indemnification of certain types of broad form indemnity obligations, including those in which one party assumes an obligation to indemnify regardless of which party was at fault and those in which one party assumes all obligations to indemnify as long as it is at least partly at fault.
This law has had a significant effect on insurance policies. Construction-related businesses often purchased additional insurance coverage for other entities to work around anti-indemnity clauses. The Anti-Indemnity Act voids additional coverage in some circumstances.
The statute is not black and white, however. There are some exceptions, and because the law is a new and significant departure from previous law, it is evolving. We know how to evaluate and deal with cases involving this act, whether it be enforcing or defending against a claim.
When the time comes to make a claim, you are entitled to the coverage of your policy. Tell us about your case - and we'll tell you how we can help. Call (713) 909-7323 or complete an online form to schedule a consultation with our award-winning Houston business litigation attorneys.