Getty Oil Company And Texaco Inc. V. Insurance Company North America (11/11/92‪)‬

The purchaser of certain chemicals brought suit against the seller and its insurers, claiming that they were contractually obligated to provide insurance to cover a judgment against the purchaser in a wrongful death action precipitated by the explosion of the chemicals. The trial court granted summary judgment for the defendants on four grounds: (1) a contract provision requiring the seller to purchase liability insurance for the buyer violated the Texas Oilfield Anti-Indemnity Statute, Tex. Rev. Civ. Stat. Ann. art. 2212b (now codified and amended at Tex. Civ. Prac. & Rem. Code §§ 127.001-.007 (Vernon 1986 & Supp. 1992)); (2) the same contractual provision violated the common law express negligence rule; (3) the prior litigation of a related indemnity provision precluded the present suit under the doctrine of res judicata; and (4) specific issues were precluded by collateral estoppel. The court of appeals affirmed on the theory of res judicata. 819 S.W.2d 908. We affirm the judgment of the court of appeals in part, reverse in part, and remand the cause to the trial court for further proceedings.