10/29/2024 | Press release | Distributed by Public on 10/28/2024 22:20
Indianapolis Construction Services ("ICS") appeals the trial court's order granting a declaratory judgment in favor of P&J Portables ("P&J"), finding that ICS must indemnify P&J for alleged negligence. This case concerns a dispute over an indemnification clause in an equipment rental agreement between ICS and P&J. After a third party was injured using P&J's equipment at ICS's worksite, P&J sought indemnification from ICS. The central issue was whether the contract requires ICS to indemnify P&J for P&J's own potential negligence. ICS argues the clause does not clearly and unequivocally state this obligation, while P&J contends the contract as a whole, including insurance requirements, shows ICS accepted this responsibility.
The scheduled panelists are Judge Vaidik, Judge Weissmann, and Judge Foley.