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Breach of Express Contractual Indemnity

Property, Fire and Casualty / April 21, 2009

Court/Case No: Court of Appeals No. 282434

Tried/Argued Before: Judges


Verdict: $42,580.37 Judgment in Barton Malow's favor, with indemnity for appellate attorney fees yet to be decided

Name of Judge(s): Jane Beckering, Michael Talbot and Pat Donofrio

Keys to the Case:

The indemnity provision required Artisan Tile to indemnify Barton Malow against all claims, causes of action or lawsuits seeking damages on account of…personal injury…in any way connected with any work covered by this Agreement.  Artisan’s contract required it to indemnify defense costs against such claims/lawsuits as well as attorney fees and costs incurred to enforce the indemnity obligation.

The plaintiff alleged that she was injured when she tripped over a floor tile that Artisan had installed as work covered by its subcontract.  The Court of Appeals found that this allegation triggered Artisan’s indemnity obligations to Barton Malow and that it was not necessary to prove that Artisan was negligent or at fault.

The key to enforcing the indemnity provision was its broad and unambiguous language.

Defense SW attorney(s) Involved in Case:


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