Texas additional insured and indemnity rules for general contractors

What does the statute generally do?

Texas Insurance Code Chapter 151 says a construction contract provision is void to the extent it makes a subcontractor indemnify another party against a claim caused by that other party’s own negligence or fault. The chapter also has a section on unenforceable additional insurance provisions (151.104) and an exception for employee injury claims (151.103), so the details matter. It took effect January 1, 2012.

Source: Tex. Ins. Code 151.102 and the rest of Chapter 151. Read the exceptions in the official text.

Not legal or insurance advice. Statutes change and contracts differ. Verify against the primary source (linked or named) and talk to your broker or attorney before relying on this.

What does it mean for certificates?

A certificate showing “ADDL INSD” does not tell you whether the endorsement applies to your own negligence or only to the sub’s work. Ask for the endorsement form and have it checked against your contract. We flag endorsements that need review; we do not interpret them.

What to do before you rely on a clause

1. Have a Texas construction attorney review your subcontract template.
2. Ask your broker how your own policy responds.
3. Collect endorsement pages, not only certificates.