As a business, you pay your insurance premiums for a reason. You write your contracts with other businesses carefully to further limit your exposure to liability. All too often, when a serious accident, fall, explosion, fire, death, or other catastrophe happens, the insurance company you expect to pay your damages, provide your defense, or follow through on another promised benefit denies coverage. We can help.
The lawyers at Hendershot, Cannon, Martin & Hisey, have more than 200 years of combined experience representing businesses in Houston and Texas in a wide variety of matters, including insurance litigation disputes. If your insurer has refused to pay you a benefit or provide defense coverage, we have the knowledge and experience to help you.
We aggressively protect our clients' rights and financial interests in all types of business insurance matters. The lawyers of Hendershot, Cannon, Martin & Hisey have successfully represented clients when insurance carriers failed to pay, alleging pollution exclusion, the Texas Anti-Indemnity Statute, coverage periods, multiple events requiring multiple deductibles, gross negligence, or willful misconduct.
If you are like many businesses with an insurance coverage dispute, you have probably experienced a catastrophe such as death, a serious accident, a fall, or a fire. These accidents often result in multiple legal challenges for a business. You may have lawsuits to defend against, investigations by state and federal agencies to contend with, and potential publicity to handle. Your insurance coverage dispute is woven in with these issues.
Because of our broad-based business practice, we understand the issues that a business may face in an insurance claims dispute, and how insurance coverage disputes can affect your other legal challenges. We can advise you on insurance issues involving the Texas Anti-Indemnity Statute. Our job is to help you mitigate these challenges while holding insurance companies accountable.
We help with insurance matters such as:
We advocate aggressively on behalf of individual clients and businesses with legal needs in all areas of policy coverage and claims. We have vast experience reviewing policies, including general liability and workers' compensation, to determine whether claims should be covered under the policy.
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.
The new 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.
Because we have broad experience with business and construction law, we understand how construction contracts and insurance matters affect each other. The benefit of our centuries of experience allows us to understand what the Texas Anti-Indemnity Act allows and prohibits.
Our job is to sort through the complicated web of liability and hold insurance companies accountable, including filing injunctions in court to force insurance companies to provide coverage. You can feel comfortable knowing that our strategy is based on your best interests and our seasoned judgment.
Call (713) 909-7323 to schedule a case evaluation.