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Hot Topics in Oil and Gas Indemnity, Defense and Insurance Provisions

Event Description and Agenda:

Defense and Indemnity provisions are found in almost every Master Service Agreement for the performance of oilfield services in both onshore and offshore environments. Louisiana and Texas have anti-indemnity statutes that may render such indemnity agreements unenforceable. The webinar will focus on how to determine when these anti-indemnity statutes apply. As the anti-indemnity statutes do not apply to maritime contracts it is critical to determine when a contract is maritime in nature. The webinar will examine the Fifth Circuit's test for determining when a contract is controlled by maritime law as set forth in Davis & Sons v. Gulf Oil Corp and the more recent pronouncement of the "focus of the contract test" for work performed on the Outer Continental Shelf. Finally, we will briefly discuss issues that arise in regards to insurance coverage for claims of defense and indemnity from third parties.

 

  • Identifying issues in indemnity agreements
    • Express negligence test
    • Conspicuousness requirement
    • Knock for Knock vs. unilateral
    • Pass through indemnity
  • Examination of anti-indemnity statutes
    • Texas Act and issues related to mutual indemnity provisions
    • Requisite insurance coverage under Texas provisions
    • Louisiana statute and the Marcel Exception
    • Longshore anti-indemnity issues
  • Examination of factual scenarios related to offshore environment
    • Work performed on platforms
    • Work performed on Jack Up Vessels
    • Support from maritime vessels
  • Focus of legal tests for determining if a contract is governed by state or maritime law
    • Davis factors
    • Focus on the contract
    • Outlier cases
  • Insurance coverage issues arising under Section P&I, MGL and MEL policies

 

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