Maxim Crane Works, LP v. Zurich American Insurance Co., No. 19-20489 (5th Cir. 2021)Annotate this Case
In this insurance coverage dispute, at issue is who counts as an "employee" under the Texas Anti-Indemnity Act (TAIA). The Fifth Circuit certified the following question to Supreme Court of Texas: Whether the employee exception to the TAIA, Texas Insurance Code 151.103, allows additional insured coverage when an injured worker brings a personal injury claim against the additional insured (indemnitee), and the worker and the indemnitee are deemed "co-employees" of the indemnitor for purposes of the TWCA.
The court issued a subsequent related opinion or order on August 25, 2021.