Tex.
Ins. Code Section 151.105
Exclusions
(1)
an insurance policy, including a policy issued under an owner-controlled or owner-sponsored consolidated insurance program or a contractor-controlled or contractor-sponsored consolidated insurance program, except as provided by Section 151.104 (Unenforceable Additional Insurance Provision);(2)
a cause of action for breach of contract or warranty that exists independently of an indemnity obligation, including an indemnity obligation in a construction contract under a construction project for which insurance is provided under a consolidated insurance program;(3)
indemnity provisions contained in loan and financing documents, other than construction contracts to which the contractor and owner’s lender are parties as provided under Section 151.001 (Definitions)(5);(4)
general agreements of indemnity required by sureties as a condition of execution of bonds for construction contracts;(5)
the benefits and protections under the workers’ compensation laws of this state;(6)
the benefits or protections under the governmental immunity laws of this state;(7)
agreements subject to Chapter 127 (Indemnity Provisions in Certain Mineral Agreements), Civil Practice and Remedies Code;(8)
a license agreement between a railroad company and a person that permits the person to enter the railroad company’s property as an accommodation to the person for work under a construction contract that does not primarily benefit the railroad company;(9)
an indemnity provision pertaining to a claim based upon copyright infringement;(10)
an indemnity provision in a construction contract, or in an agreement collateral to or affecting a construction contract, pertaining to:(A)
a single family house, townhouse, duplex, or land development directly related thereto; or(B)
a public works project of a municipality; or(11)
a joint defense agreement entered into after a claim is made.
Source:
Section 151.105 — Exclusions, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.151.htm#151.105 (accessed May 18, 2024).
