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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Ranger Insurance Co. v. American International Specialty Lines Insurance Co.

This case involves an appeal by Ranger Insurance Company and Swift Energy Company (plaintiffs/appellants) challenging a summary judgment granted in favor of American International Specialty Lines Insurance Company, Flournoy Production Company, and Flournoy Drilling Company (defendants/appellees). The core dispute stems from indemnity and insurance claims arising from oilfield litigation. Swift, a well operator, and Flournoy, a drilling contractor, had a contract with mutual indemnity provisions. Following a blowout that injured Flournoy employees, Swift and Ranger settled the personal injury claims and subsequently sought recovery from Flournoy and AISLIC. The trial court initially deemed the indemnity provisions void under the Texas Oilfield Anti Indemnity Act. However, the appellate court reversed and remanded, asserting that the indemnity provisions were enforceable under the 1995 Act up to the extent of equally provided coverage and dollar limits, and that these provisions were conspicuous.

Oilfield LitigationIndemnity ClaimsInsurance ClaimsDeclaratory JudgmentSummary JudgmentTexas Oilfield Anti Indemnity ActMutual Indemnity ObligationContract InterpretationConspicuousnessSubrogation
References
8
Case No. MISSING
Regular Panel Decision

United States v. Needle Trades Workers' Industrial Union

The indictment charges the defendants, including the Needle Trades Workers’ Industrial Union, with violating the Sherman Anti-Trust Act by conspiring to restrain interstate trade in raw skins. The conspiracy involved preventing non-union dressers from processing skins and dealers from shipping to them, employing violent tactics such as threats, assaults, destruction of property, and the use of explosives. The court addressed whether these actions constituted a restraint of interstate commerce, differentiating between local strikes with indirect effects and direct interference with interstate trade. It concluded that the alleged prevention of New York dealers from shipping skins to New Jersey dressers constituted a direct, substantial, and intentional interference with interstate commerce. The court also affirmed that shipping goods for processing across state lines is considered interstate commerce and clarified that the National Industrial Recovery Act did not repeal the Sherman Anti-Trust Act or legalize such a conspiracy. Consequently, the demurrer challenging the sufficiency of the indictment was overruled.

Sherman Anti-Trust ActInterstate CommerceLabor UnionConspiracyDemurrerIndictmentTrade RestraintViolenceSecondary BoycottLabor Disputes
References
9
Case No. 01-00-00586-CV
Regular Panel Decision

Ranger Insurance Company and Swift Energy Company v. American International Specialty Lines Insurance Company, Flournoy Production Company, and Flournoy Drilling Company

This case involves indemnity and insurance claims arising from oilfield litigation. Appellants, Ranger Insurance Company and Swift Energy Company, appealed a summary judgment granted to appellees, American International Specialty Lines Insurance Company, Flournoy Production Company, and Flournoy Drilling Company. The trial court had ruled that mutual indemnity provisions in an oil and gas drilling contract were void under the Texas Oilfield Anti-Indemnity Act. The Court of Appeals reversed and remanded the judgment, holding that the contract was enforceable up to the extent of mutual coverage and dollar limits, and that its indemnity provisions were conspicuous.

Oilfield LitigationIndemnityInsurance ClaimsTexas Oilfield Anti-Indemnity ActSummary JudgmentContract InterpretationMutual Indemnity ObligationConspicuousnessAppellate ReviewWell Blowout
References
18
Case No. 11-24-00054-CV
Regular Panel Decision
Feb 12, 2026

Lone Star Well Service LLC v. RMTDC Operations D/B/A Total Energy Services, LLC and Daniel Ramirez

This appeal concerns the application of the Texas Oilfield Anti-Indemnity Act (TOAIA) to an oilfield indemnity agreement. Lone Star Well Service LLC appealed a judgment that obligated it to defend and indemnify RMTDC Operations d/b/a Total Energy Services, LLC and Daniel Ramirez. The appellate court affirmed that Total and Ramirez are third-party beneficiaries to Lone Star's Master Services Agreement with Parsley Energy Operations, LLC, and thus are covered by the mutual, insurance-backed indemnity obligations. However, the court reversed the judgment in part, remanding the case to the trial court to determine the specific amount and limitation of Lone Star's indemnity obligation.

Oilfield Anti-Indemnity ActIndemnity AgreementThird-Party BeneficiaryContractual InterpretationMutual Indemnity ObligationInsurance CoverageAppellate ReviewDeclaratory JudgmentAttorney's FeesRipeness Doctrine
References
47
Case No. MISSING
Regular Panel Decision

Associated Indemnity Co. v. Hartford Accident & Indemnity Co.

Hartford Accident & Indemnity Company, a workmen's compensation insurer for a temporary labor contractor (Greene's Temporaries, Inc.), sued Associated Indemnity Company, the insurer for a customer (Frito-Lay Company), seeking subrogation for a compensation claim paid to an injured temporary employee. Hartford contended the loss was covered by Associated's policy as the employee was under Frito-Lay's control. The court reversed the trial court's decision in favor of Hartford, denying equitable subrogation. The appellate court found that Hartford had collected premiums for the temporary employees and was charged with knowledge of the contractual arrangement, thus preventing unjust enrichment if subrogation were granted.

Workmen's CompensationTemporary EmploymentSubrogationInsurance LawBorrowed Servant DoctrineRight of ControlEquitable RemediesUnjust EnrichmentInsurance PremiumsContractual Agreements
References
17
Case No. 05-0202
Regular Panel Decision
Aug 24, 2007

Energy Service Company of Bowie, Inc. v. Superior Snubbing Services, Inc.

Daryll Faulk, an employee of Superior Snubbing Services, Inc., was injured and subsequently sued Energy Service Company of Bowie, Inc., among others. Energy later settled with Faulk and sought indemnity from Superior, based on an indemnity provision in Superior's contract with Mitchell Energy Corporation. The dissenting opinion addresses whether Texas Labor Code section 417.004 allows Energy to claim indemnity from Superior when no direct written indemnity agreement existed between them. Justice Johnson, in dissent, argues for a literal interpretation of the statute, stating that it requires a direct contractual agreement between the employer and the third party for indemnity liability. The dissent asserts that this interpretation aligns with legislative intent, particularly the 1989 workers' compensation reforms aimed at reducing employer costs and preserving employer immunity from common-law claims. It further contends that the Texas Oilfield Anti-Indemnity Act (TOAIA) does not negate this workers' compensation provision. The dissenting opinion concludes by stating it would affirm the court of appeals' judgment, thereby denying Energy's indemnity claim against Superior.

Workers' CompensationIndemnity AgreementsStatutory InterpretationThird-Party LiabilityTexas Oilfield Anti-Indemnity ActEmployer ImmunityLegislative IntentContract LawDissenting OpinionSupreme Court of Texas
References
17
Case No. CIV.A.H-98-1484
Regular Panel Decision
Aug 28, 2000

Sandwich Chef of Texas v. Reliance Nat. Indemnity Ins. Co.

Sandwich Chef of Texas, Inc. (d/b/a Wall Street Deli), as plaintiff, filed a class action against numerous insurance carriers, including Reliance National Indemnity Insurance Company, alleging that they defrauded employers by charging excessive workers' compensation premiums between May 1988 and January 1990. The plaintiff claims that the defendants utilized the National Council on Compensation Insurance, Inc. (NCCI) as a racketeering enterprise to commit mail and wire fraud. This was allegedly done by improperly factoring 'residual market charges' (RMLs) into premiums, which were purportedly unfiled and unapproved. The defendants moved for a Supplemental Motion for Summary Judgment, arguing that the plaintiff's claims failed to allege indictable acts of racketeering, lacked a basis for proving injury 'by reason of' alleged misrepresentations due to a 'presumption of knowledge' of filed rates, and were precluded by the McCarran-Ferguson Act. The United States District Court, S.D. Texas, Houston Division, denied the defendants' motion for summary judgment, finding that overbilling can constitute RICO mail fraud, that claims to enforce filed rates are not barred by the 'presumption of knowledge,' and that the McCarran-Ferguson Act did not preclude RICO's application as it complemented state regulations. The court also allowed the plaintiff's 'fraud-on-the-regulator' theory and conspiracy claims to proceed.

RICO ActWorkers' Compensation InsuranceMail FraudWire FraudClass ActionSummary JudgmentFiled Rate DoctrineInsurance FraudRetrospectively Rated InsuranceResidual Market Charges
References
15
Case No. 03-94-00339-CV
Regular Panel Decision
Aug 16, 1995

Charlie Franks and Industrial Indemnity Insurance Company v. Sematech, Inc., F/D/B/A Semi Conductor Manufacturing Technology Initiative And Burle Industries, Inc.

This case from the Texas Court of Appeals addresses an injured employee's third-party liability claim and an insurance carrier's derivative subrogation rights under the Texas Workers' Compensation Act. Charlie Franks was injured, and the workers' compensation carrier, Industrial Indemnity Insurance Company, paid benefits and subsequently filed a subrogation lawsuit. Franks intervened with his own negligence claim, but his intervention was dismissed due to the two-year statute of limitations. Consequently, the trial court granted summary judgment against Industrial Indemnity, ruling its derivative subrogation claim moot as Franks's underlying rights could not be established. The appellate court affirmed both decisions, emphasizing that Industrial Indemnity's initial suit did not assert Franks's full third-party liability cause of action for his joint benefit.

Workers' CompensationSubrogationStatute of LimitationsThird-Party LiabilitySummary JudgmentPlea in InterventionAppellate ReviewTexas LawInsurance Carrier RightsDerivative Claim
References
17
Case No. MISSING
Regular Panel Decision

Texas General Indemnity Co. v. Hearn

This workers' compensation case involves Margaret Ann Hearn (appellee) and Texas General Indemnity Company (appellant). Hearn alleged a work-related injury at Louisiana-Pacific and filed a claim for benefits under the Texas Workers’ Compensation Act. Texas General Indemnity Company, the workers' compensation insurer, contended that Hearn made an election of remedies by previously filing for and receiving medical and disability benefits from Louisiana-Pacific's group health carrier, Metropolitan Life Insurance Company, based on representations that her condition was not work-related. The trial court prevented the introduction of evidence regarding the election of remedies, and a jury returned a verdict in favor of Hearn. The appellant appealed, and the higher court reversed the judgment, remanding the case for a full trial on the merits, ruling that the exclusion of evidence regarding the election of remedies was an error.

election of remediesworkers' compensationevidentiary errorreversalremandgroup health benefitsjob-related injurynon-work related injuryappellate proceduretrial court error
References
9
Case No. D-3870
Regular Panel Decision
May 11, 1995

Travelers Indemnity Co. of Illinois v. Fuller

Regina Fuller sued Travelers Indemnity Company of Illinois and Travelers Insurance Company (collectively, "Travelers") for gross negligence, alleging their actions caused her father's death due to exposure to hazardous chemicals at American Petrofina, where Travelers was the compensation carrier and performed safety audits. Fuller argued that the Texas Constitution, Article 16, Section 26, created an independent cause of action for punitive damages, and that the Workers' Compensation Act's immunity provision was unconstitutional as it limited her right to punitive damages and violated the Open Courts Provision. The trial court granted summary judgment for Travelers, but the court of appeals reversed. The Supreme Court of Texas reversed the court of appeals' judgment, holding that Article 16, Section 26 does not create a cause of action for punitive damages where no cause of action for compensatory damages exists, and that the Workers' Compensation Act's immunity provision is constitutional. The Court affirmed the common law requirement of actual damages for punitive damages and stated the Open Courts Provision does not apply to wrongful death actions as they did not exist at common law.

Workers' Compensation ActPunitive DamagesExemplary DamagesWrongful DeathGross NegligenceConstitutional InterpretationActual DamagesStatutory ImmunityOpen Courts ProvisionTexas Constitution
References
29
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