5th Circuit Asks State Supreme Court to Define 'Employee' Under Anti-Indemnity Act

A federal appellate court asked the Texas Supreme Court for guidance on how to classify an "employee" under the Texas Anti-Indemnity Act. Case: Maxim Crane Works L.P. v. Zurich American Insurance Co., No. 19-20489, 08/20/2021, unpublished. Facts: In 2013, Skanska USA Inc. hired Berkel & Co. Contractors as a subcontractor on a large construction project in Houston. Skanska required all of its subcontractors, including Berkel, to participate in a contractor-controlled insurance program. The CCIP provided for general commercial liability insurance as well as workers' compensa...