Gulf Coast Masonry, Inc. v. Owens-Illinois, Inc., 739 S.W.2d 239 (Tex. 1987). · Go Syfert
Search
Gulf Coast Masonry, Inc. v. Owens-Illinois, Inc., 739 S.W.2d 239 (Tex. 1987). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 3 distinct cases, 2002–2018 · 2 courts · …arising out of or in any way connected with or attributable to at p. 240 ✓
53 citation events (20 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Acuity v. Kessor Enterprises Ltd (2×)
7th Cir. · 2018 · confidence medium
For example, in Gulf Coast Masonry, Inc. v. Owens-Illinois, Inc., 739 S.W.2d 239, 239 (Tex. 1987), Gulf Coast, a contractor, had entered into an indemnity agreement with Owens-Illinois, the owner of the property.
discussed Cited as authority (rule) Acuity v. Kessor Enterprises Ltd (2×)
7th Cir. · 2018 · confidence medium
For example, in Gulf Coast Masonry, Inc. v. Owens-Illinois, Inc., 739 S.W.2d 239, 239 (Tex. 1987), Gulf Coast, a contractor, had entered into an indemnity agreement with Owens-Illinois, the owner of the property.
discussed Cited as authority (rule) Staton Holdings, Inc. v. Tatum, L.L.C.
Tex. App. · 2011 · signal: cf. · confidence medium
Cf. Gulf Coast Masonry, Inc. v. Owens-Illinois, Inc., 739 S.W.2d 239, 239-40 (Tex.1987) (per curiam) (because indemnity clause failed express-negligence test, clause was unenforceable against alleged indemnitor). 2.
discussed Cited as authority (rule) OXY USA, Inc. v. Southwestern Energy Production Co.
Tex. App. · 2005 · confidence medium
The cases on which SEPCO relies for the proposition that intentional torts must be clearly and expressly stated in order to be covered, see, e.g., Houston Lighting & Power Co. v. Atchison, Topeka & Santa Fe Ry., 890 S.W.2d 455, 458 (Tex.1994); Gulf Coast Masonry, Inc. v. Owens-Illinois, Inc., 739 S.W.2d 239, 239 (Tex.1987); Webb v. Lawson-Avila Constr., 911 S.W.2d 457, 460 (Tex.App.-San Antonio 1995, writ dism’d), all involve application of the fair notice requirements.
discussed Cited as authority (rule) Ard v. Gemini Exploration Co.
Tex. App. · 1994 · confidence medium
See, e.g., Ethyl, 725 S.W.2d at 705 (indemnity provision only clearly stated that it covered in-demnitor's negligence, not indemnitee's); Gulf Coast Masonry, Inc. v. Owens-Illinois, Inc., 739 S.W.2d 239, 240 (Tex.1987) (indemnity provision did not specifically refer to negligence); Singleton v. Crown Central Petroleum Corp., 729 S.W.2d 690, 691 (Tex.1987) (the broadly worded provision did not state there was indemnity for concurrent negligence).
cited Cited as authority (rule) Atlantic Richfield Oil & Gas Co. v. McGuffin
Tex. App. · 1989 · confidence medium
Ethyl Corp. v. Daniel Construction Co., 725 S.W.2d 705, 708 (Tex.1987); Gulf Coast Masonry, Inc. v. Owens-Illinois, Inc., 739 S.W.2d 239, 239 (Tex.1987).
cited Cited as authority (rule) Haring v. Bay Rock Corp.
Tex. App. · 1989 · confidence medium
Gulf Coast Masonry, Inc. v. Owens-Illinois, Inc., 739 S.W.2d 239, 240 (Tex.1987); Ethyl Corp. supra at 708 .
cited Cited "see" Powerhouse Services, Inc. v. Bechtel Corporation
Tex. App. · 2002 · signal: see · confidence high
See indemnity provision, 739 S.W.2d at 239 . 2000, pet. ref'd).
cited Cited "see" Powerhouse Services, Inc. v. Bechtel Corporation
Tex. App. · 2002 · signal: see · confidence high
See indemnity provision, 739 S.W.2d at 239 .
discussed Cited "see" Quorum Health Resources, L.L.C. v. Maverick County Hospital District
5th Cir. · 2002 · signal: accord · confidence high
Id.; accord Gulf Coast Masonry, 739 S.W.2d at 239-40 (claims "arising out of or in any way connected with or attributable to" a list of specified items did not state with sufficient specificity the parties' intent to indemnify for the party's own negligent performance of the described items); DDD Energy, 60 S.W.3d at 883 ("all claims" asserted "on account of ... damage to property" insufficient to establish intent to indemnify for the indemnitee's own negligence that caused damage to property). 57 The language in the Management Agreement provision setting out the Hospital's obligation to indem…
cited Cited "see" Fisk Electric Co. v. Constructors & Associates, Inc.
Tex. · 1994 · signal: see · confidence high
See Gulf Coast Masonry, 739 S.W.2d at 239-40 .
examined Cited "see" Continental Steel Co. v. H.A. Lott, Inc. (4×)
Tex. App. · 1989 · signal: see · confidence high
See Gulf Coast Masonry v. Owens-Illinois, Inc., 739 S.W.2d 239, 239 (Tex.1987); Atlantic Richfield Co. v. Petroleum Personnel, Inc., 758 S.W.2d 843, 844-45 (Tex.App.—Corpus Christi 1988), rev’d on other grounds, 768 S.W.2d 724 (Tex.1989); Adams v. Spring Valley Constr.
Retrieving the full opinion text from the archive…
GULF COAST MASONRY, INC., Petitioner,
v.
OWENS-ILLINOIS, INC., Respondent
C-6159.
Texas Supreme Court.
Apr 29, 1987.
739 S.W.2d 239
Fred D. Raschke, Mills, Shirley, McMicken & Eckel, Galveston, for petitioner., Lawrence L. Germer, Charles K. Kebo-deaux, Orgain, Bell & Tucker, Beaumont, for respondent.
Per Curiam.
Cited by 31 opinions  |  Published
PER CURIAM.

The primary issue in this personal injury action is the interpretation of an indemnity contract. Gulf Coast Masonry, Inc., contracted to perform repairs at the Owens-Illinois, Inc. plant. A Gulf Coast employee was injured on the job and filed suit against Owens. Owens brought a third-party action against Gulf Coast seeking contractual indemnity. Gulf Coast’s motion for summary judgment was granted by the trial court on the basis that the indemnity provision was unenforceable as a matter of law. The court of appeals reversed. 722 S.W.2d 465. That court held that the indemnity language was sufficient to meet the requirements of the “clear and unequivocal” rule set forth in Fireman’s Fund Ins. v. Commercial Standard Ins. Co., 490 S.W.2d 818, 822 (Tex.1973). Subsequent to the court of appeals opinion, this court adopted the express negligence doctrine and held that the intent of the parties must be specifically stated within the four corners of the instrument in order for an indemnity contract to be enforcable. Ethyl Cory. v. Daniel Construction Co., 725 S.W.2d 705 (Tex.1987).

The contract in question provides:

Contractor [Gulf Coast] agrees to indemnify and save owner [Owens-Illinois] harmless from any and all loss sustained by owner by reason of damage to owner’s property or operations, and from any liability or expense on account of property damage or personal injury (including death resulted therefrom) sustained or alleged to have been sustained by any person or persons, including but not limited to employees of owner, contractor and subcontractors, arising out of or in any way connected with or attributable to the performance or non-performance of work here under by contractor, its subcontractor(s) and their respective employees and agents, or by any act or omission of contractor, its subcontractors), and their respective employees and agents while on owner’s premises, or by[*240] defects in material or equipment furnished hereunder ...

Because the judgment of the court of appeals conflicts with a decision of this court, we grant the petitioner’s application for writ of error. Pursuant to Tex.R.App. P. 133(b), without hearing oral argument, a majority of the court reverses the judgment of the court of appeals and affirms the judgment of the trial court.