Neighboring State's Law Governs Enforceability of Contract's Mutual Indemnity Provision

A Louisiana appellate court ruled that its laws did not control the enforceability of a mutual indemnity and defense provision in an agreement between two companies involved in an oil-drilling operation. Case: Federal Insurance Co. v. Select Energy Services LLC, No. 54,161-CA, 01/12/2022, published. Facts and procedural history: Attorneys for the Exco Operating Co. LP and Exco Resources Inc. drafted an agreement with Select Energy Services. The document was negotiated and executed in Texas. The agreement contained a choice-of-law provision designating Texas law as controlling, but it also r...