Friday, October 29, 2010

Conditional, Partial Contractual Indemnification

In Hughey v. RHM-88, LLC, the landowner, One United Nations Plaza Condominium (UNPC) and managing agent, Cushman & Wakefield (CW) were both granted conditional orders of partial contractual indemnification. Despite the fact that questions existed as to whether UNPC had constructive notice of the alleged condition which caused the plaintiff's injuries, UNPC was awarded indemnity from CW to the extent that UNPC was not itself negligent and for amounts not otherwise covered by insurance. Both UNPC and CW were awarded indemnity from the cleaning contractor, Pritchard despite the fact that UNPC and/or CW could be found negligent. Since the Pritchard cleaning agreement contained the requisite savings language, "to the fullest extent permitted by law," the Court held that UNPC and/or CW could be indemnified from Pritchard "to the extent they are not responsible for the injured plaintiff's accident."

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