Maxim Crane Works v. Zurich Amer Ins

Opinion

Case: 19-20489 Document: 00516323398 Page: 1 Date Filed: 05/18/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED May 18, 2022 No. 19-20489 Lyle W. Cayce Clerk

Maxim Crane Works, L.P.,

Plaintiff—Appellant,

versus

Zurich American Insurance Company,

Defendant—Appellee.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:18-CV-03667

Before Smith, Ho, and Oldham, Circuit Judges. Per Curiam:* The parties to this insurance coverage dispute stipulate to all relevant facts and agree that the outcome turns on a single question of statutory interpretation: Who counts as an “employee” under the Texas Anti- Indemnity Act? See Tex. Ins. Code §§ 151.102, 151.103. Specifically, if an individual is employed by a general contractor, is that individual also an

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-20489 Document: 00516323398 Page: 2 Date Filed: 05/18/2022

No. 19-20489

“employee” of the subcontractor, such that the employee exception of the Act applies? We certified this question to the Supreme Court of Texas. And that court has now answered: No, the employee exception does not apply. Maxim Crane Works, L.P. v. Zurich Am. Ins. Co., 642 S.W.3d 551, 553 (Tex. 2022). We accordingly affirm.