Following summary judgments and settlements in litigation resulting from severe injuries in a hotel swimming pool, the only issues remaining were those raised in a cross-complaint brought by a party and its insurance company against the pool company to recover the amount it spent on the litigation based on a claim of express indemnity. The […]
Original Complaint Did Not Give Rise To A Builder’s Claim For Equitable Indemnity Against A City.
A homeowner’s association’s original complaint against a builder alleged various building violations. Government Code section 901 provides: “The date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which a defendant is served with the complaint giving rise to the defendant’s claim for equitable indemnity or […]
Hoist By Its Own Petard.
In an underlying suit, a worker sued a crane company for work-related injuries. The crane company cross-complained against the worker’s employer, seeking indemnity. There had been a form contract between the crane company and the employer which specified that Pennsylvania law would be followed. The trial court found the indemnity agreement was inapplicable to the […]
Terms On Back Of Unsigned Invoice Unenforceable.
C9 delivered helium-filled tanks to SVC in a “rush order” without having SVC sign the invoice. A boy was injured when one of the tanks fell on him. Both C9 and SVC settled the claim for the boy’s injuries. C9 sued SVC for indemnification because on the reverse side of the invoice there was a […]