Employee Exception Does Not Apply To Worker Injury, 5th Circuit Affirms

Mealey's (May 19, 2022, 10:38 AM EDT) -- NEW ORLEANS — Following the Texas Supreme Court’s answer to a certified question in a coverage dispute arising from an injury at a construction site, the Fifth Circuit U.S. Court of Appeals on May 18 held that the employee exception to the Texas Anti-Indemnity Act does not permit additional insured coverage when an injured worker files a personal injury claim against the additional insured and the worker and the insured are considered “co-employees” of the indemnitor under the Texas Workers’ Compensation Act....