In ExxonMobil Corporation vs. National Union Fire Insurance Company, the Texas Supreme Court recently held that ExxonMobil was an additional insured under an umbrella policy procured by its subcontractor. Additionally, the court held that the terms of the service agreement between Exxon and the subcontractor could not be incorporated by reference into the insurance policy absent clear manifestation of the reference in the terms of the policies itself.

The court further reasoned that assuming, arguendo, the terms of the service agreement were incorporated into the umbrella policy, the subcontractor's obligation to procure a minimum amount of insurance did not limit Exxon's entitlement to policy proceeds the subcontractor obtained in excess of the contractual minimum.