Straight From The Source Blog by Higginbotham Insurance

Sometimes the insurance requirements of a contract aren’t in agreement with the indemnification provision. This can result from a simple error due to edits by multiple parties, or it can be an attempt to circumvent anti-indemnity statues – or even bury a provision that, in effect, is a broad-form indemnity. As we’ve discussed in previous posts, many states have enacted anti-indemnification statutes, making certain broad-form indemnifications void as against public policy. Any provision that attempts to circumvent an anti-indemnity statute will also be void, and a conflict between insurance and indemnity can lead to litigation. In this edition of our contract review series, we review some of the statutes that address those provisions and study examples so you can identify such a provision when you see it in a contract.

Is your workplace safe from gun violence? In 2017, 61,839 incidents of gun violence, including 346 mass shootings, resulted in 15,637 deaths and 31,248 injuries, according to the Gun Violence Archive. So far in 2018, there have already been 40,536 incidents. Data from the CDC shows that the number of homicides committed using firearms is on the rise.

Lawsuits can come from many sources, including customers, competitors, vendors and partners. But in many cases, when a company faces litigation, the lawsuit is related to employment practices. To protect your business against these lawsuits, it’s important to understand why they occur.

In the second part of our contract review series, we discussed the anti-indemnity laws affecting Texas contracts pertaining to a "well or mine service." As we explained, the Lone Star State has specific anti-indemnity laws for the commercial construction, oilfield and common carrier transportation industries. It’s important to understand these laws and how geography can affect them before your company signs a contract. Not knowing how laws from different states can affect your existing agreements can result in significant costs—both litigation costs and potentially out-of-pocket claims costs.

In this edition, we explore the specific laws affecting Louisiana oilfield contracts and compare them with the Texas oilfield anti-indemnity laws. But first, be sure you understand the three basic types of indemnity (limited form, intermediate form and broad form) by referencing the first edition of this series for a review.

Summer’s here. The long, hot days are great for anyone who wants to spend the day by the pool, but for anyone who has to work, the heat can be uncomfortable. In some cases, it can even be dangerous. Heat-related illness is a serious threat. With a little care, however, employers can keep their workers safe and prevent heat-related workers’ compensation insurance claims.

As the weather heats up, people will turn to the pool to cool down. While this is normally good summer fun, it can take a tragic turn in an instant.

The 2018 Atlantic hurricane season begins on June 1. According to the initial predictions from Colorado State University, this year’s hurricane activity isn’t expected to be quite as bad as last year’s. That’s good news, since the 2017 hurricane season was especially bad, with six major hurricanes.

Do you own land in Texas and let people use that land for recreational purposes like hunting, fishing or hiking? Then you may be entitled to limited liability protection thanks to the Texas Agritourism Act (the Act). It can also benefit businesses like vineyards and safari venues.

As the old saying goes, prevention is the best medicine. When it comes to reducing the cost of workers’ compensation insurance claims, this holds true. Preventing workplace injuries and illnesses is clearly the best method. Even with the best training, equipment and policies, however, the occasional incident may still occur. When this happens, an early return-to-work program can benefit both the employer and the employee.

A safe construction site benefits everyone, from the workers who want to earn a paycheck without getting injured, to the managers looking out for the company’s bottom line. Despite this, many construction sites don’t do everything they can to keep workers safe. This results in violations, injuries and workers’ compensation claims – much of which could have been avoided. Strengthen the safety at your construction site with these tips.