The Fifth Circuit`s FloaTEC and Halliburton decisions are important examples of the significant interaction between service contracts and related insurance policies and, in particular, how agreements are read together when substantive rights to insurance coverage, contractual indemnification, and receivables transfer are defined, as well as procedural issues, for example. B whether a dispute should be settled or dealt with. Policyholders, particularly in the oil and gas sectors, and those participating in joint ventures, should therefore pay particular attention to the interaction between their JV agreements, framework contracts and insurance policies that are distributed to all participating undertakings. The Fifth Circle used the same reasoning in a separate decision, which was also adopted yesterday. See Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co. 17-20678 (5th Cir. Apr.
Following the analysis of the indemnification requirements in the framework contract, the Fifth Circuit returned, statoil having not waived all relevant claims against Halliburton and Ironshore therefore had claim rights to Halliburton due to the unde issued claims. And since the framework contract contained an arbitration clause, Ironshore and Halliburton would be required to settle their dispute. Independent Contractor – An independent person, including the seller who provides Halliburton with a unique service or expertise over a period of twelve (12) months. This service or expertise is provided directly to Halliburton through a contract for the execution of works according to its own methods, without halliburton being subject to Halliburton`s control, with the exception of the final result of the work. Independent contractors are paid through credit accounting and not through the Halliburton pay slip. The legislation of the different countries as regards the precise definition of independent contractors may vary slightly. Searches: All searches of client property or halliburton property must comply with all halliburton procedures, applicable customer guidelines and all local regulations and/or local laws. Searches are a prerequisite for Halliburton`s provision of services, employment or job maintenance.
Staff members may be asked to sign forms that document this consent; However, continued use does not require signed consent: Halliburton Human Resources is responsible for the monitoring and implementation of this Directive and will consult with public procurement to define procedures in accordance with this Directive for substantive investigations into the relationship between Agency staff and independent contractors. . . .