Insurance Code § 151.105

Sec. 151.105. EXCLUSIONS. This subchapter does not affect: (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; (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(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, 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. Added by Acts 2011, 82nd Leg., R.S., Ch. 1292 (H.B. 2093), Sec. 1, eff. January 1, 2012. SUBCHAPTER D. NONWAIVER