IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
____________________
No. 02-50638
Summary Calendar
____________________
TWIN CITY FIRE INSURANCE COMPANY
Plaintiff - Counter Defendant - Appellee
v.
URBAN ELECTRICAL SERVICES, INC; ET AL
Defendants
URBAN ELECTRICAL SERVICES, INC;
Defendant - Appellant
OLD REPUBLIC INSURANCE COMPANY
Defendant - Counter Claimant - Appellant
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
C.A. No. A 01-CA-319-SS
_________________________________________________________________
January 15, 2003
Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 CIR. R.
47.5.4.
Urban Electrical Services, Inc. (“Urban”) and Old Republic
Insurance Company (“ORIC”), appeal the district court’s grant of
summary judgment to Twin City Insurance Company (“Twin City”) and
the denial of their summary judgment motion. On appeal, Urban
and ORIC raise the same substantive arguments that they
articulated before the district court, namely (1) that the 1995
Contractor’s Proposal and specifically, its indemnifications
provisions, do not apply to the Sundance Project; and (2) that
the indemnification provisions are unenforceable under the Texas
“fair notice” standard because they fail both the conspicuousness
requirement and the express negligence rule.
For the reasons provided by the district court, the grant of
Twin City’s summary judgment motion and the denial of Urban and
ORIC’s summary judgment motion were both appropriate. Because
the 1995 Contractor’s Proposal does indeed apply to the Sundance
Project and the indemnification provisions are sufficiently
enforceable under Texas law, it is unnecessary to evaluate Urban
and ORIC’s third issue for appeal, i.e., whether the district
court erred in failing to award to ORIC all or a portion of its
overpayment in the wrongful death settlement.
AFFIRMED.
2