24 Georgia opinions name it 2 courts 1974–2025 4 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lawyers Title Insurance v. New Freedom Mortgage Corp.green2 sentences2019Corp. , 285 Ga. App. 22 , 29-30, 645 S.E.2d 536 (2007) (explaining that "where, as here, an indemnification clause requires indemnification of losses that 'arise out of' certain specified events but does not explicitly mention the indemnitee's negligence, the clause still requires full indemnification although the indemnitee's negligence may have partially caused the loss"); Binswanger Glass Co., Inc. v. Beers Constr. 2019Corp. , 285 Ga. App. 22 , 29-30, 645 S.E.2d 536 (2007) (explaining that "where, as here, an indemnification clause requires indemnification of losses that 'arise out of' certain specified events but does not explicitly mention the indemnitee's negligence, the clause still requires full indemnification although the indemnitee's negligence may have partially caused the loss"); Binswanger Glass Co., Inc. v. Beers Constr. | 3 | 4 |
Binswanger Glass Co. v. Beers Construction Co.green2 sentences1978This court has previously determined the effect of an indemnity provision virtually identical to the indemnification clause here at issue, concluding that"... the language in the indemnity clause is sufficient to require indemnification [by the subcontractor against the general contractor.]” Binswanger Glass Co. v. Beers Const. Co., 141 Ga. App. 715, 717 ( 234 SE2d 363 ). 1978This court has previously determined the effect of an indemnity provision virtually identical to the indemnification clause here at issue, concluding that"... the language in the indemnity clause is sufficient to require indemnification [by the subcontractor against the general contractor.]” Binswanger Glass Co. v. Beers Const. Co., 141 Ga. App. 715, 717 ( 234 SE2d 363 ). | 2 | 3 |
Coleman v. B-H Transfer Co.green2 sentences2012See, e.g., Coleman v. B-H Transfer Co., 284 Ga. 624, 627 (3) ( 669 SE2d 141 ) (2008) (Georgia courts will enforce an indemnification clause in a contract unless such enforcement contravenes public policy). 2012See, e.g., Coleman v. B-H Transfer Co., 284 Ga. 624, 627 (3) ( 669 SE2d 141 ) (2008) (Georgia courts will enforce an indemnification clause in a contract unless such enforcement contravenes public policy). | 2 | 2 |
Crawford v. Weather Shield Mfg., Inc.green2 sentences2025Given the Agreement’s broad indemnification clause, this argument is not persuasive. (a) Under California law, parties to a contract “may define therein their duties toward one another in the event of a third[-]party claim against one or both arising out of their relationship.” Crawford v. Weather Shield Mfg., 44 Cal. 4th 541, 551 ( 187 P3d 424 ) (2008). 2025Given the Agreement’s broad indemnification clause, this argument is not persuasive. (a) Under California law, parties to a contract “may define therein their duties toward one another in the event of a third[-]party claim against one or both arising out of their relationship.” Crawford v. Weather Shield Mfg., 44 Cal. 4th 541, 551 ( 187 P3d 424 ) (2008). | 1 | 1 |
HINES Et Al. v. HOLLAND Et Al.green2 sentences2023See generally Hines v. Holland, 334 Ga. App. 292, 296 (1) (b) ( 779 SE2d 63 ) (2015) (Georgia law “recognize[s] two broad categories of indemnity: as created by contract, as between a surety and a debtor; and under the common law of vicarious liability, as between principals and agents”) (citation and punctuation omitted). 2023See generally Hines v. Holland, 334 Ga. App. 292, 296 (1) (b) ( 779 SE2d 63 ) (2015) (Georgia law “recognize[s] two broad categories of indemnity: as created by contract, as between a surety and a debtor; and under the common law of vicarious liability, as between principals and agents”) (citation and punctuation omitted). | 1 | 1 |
Fed. Deposit Ins. Corp. v. Loudermilkgreen2 sentences2021(Citation omitted; emphasis supplied.) City of Atlanta v. Benator, 310 Ga. App. 597, 608 (7) (b) ( 714 SE2d 109 ) (2011), disapproved in part on other grounds, FDIC v. Loudermilk, 305 Ga. 558, 565 (1), n. 7 ( 826 SE2d 116 ) (2019); see also Lawyers Title Ins. 2021(Citation omitted; emphasis supplied.) City of Atlanta v. Benator, 310 Ga. App. 597, 608 (7) (b) ( 714 SE2d 109 ) (2011), disapproved in part on other grounds, FDIC v. Loudermilk, 305 Ga. 558, 565 (1), n. 7 ( 826 SE2d 116 ) (2019); see also Lawyers Title Ins. | 1 | 1 |
Valloric v. Dravo Corp.green1 sentence2021See id. (ii) In opposing summary judgment, Cajun also argued that there were genuine issues of material fact as to whether the amount of the settlement was reasonable under the circumstances. | 1 | 1 |
City of Atlanta v. BENATORgreen2 sentences2021(Citation omitted; emphasis supplied.) City of Atlanta v. Benator, 310 Ga. App. 597, 608 (7) (b) ( 714 SE2d 109 ) (2011), disapproved in part on other grounds, FDIC v. Loudermilk, 305 Ga. 558, 565 (1), n. 7 ( 826 SE2d 116 ) (2019); see also Lawyers Title Ins. 2021(Citation omitted; emphasis supplied.) City of Atlanta v. Benator, 310 Ga. App. 597, 608 (7) (b) ( 714 SE2d 109 ) (2011), disapproved in part on other grounds, FDIC v. Loudermilk, 305 Ga. 558, 565 (1), n. 7 ( 826 SE2d 116 ) (2019); see also Lawyers Title Ins. | 1 | 1 |
Park Pride Atlanta, Inc. v. City of Atlantagreen2 sentences2016Park Pride Atlanta v. City of Atlanta, 246 Ga. App. 689, 691 (1) ( 541 SE2d 687 ) (2000). 2016Park Pride Atlanta v. City of Atlanta, 246 Ga. App. 689, 691 (1) ( 541 SE2d 687 ) (2000). | 1 | 1 |
Newton's Crest Homeowners' Ass'n v. Campgreen2 sentences2011See Newton’s Crest Homeowners’ Assn. v. Camp, 306 Ga. App. 207 ( 702 SE2d 41 ) (2010). 2011See Newton’s Crest Homeowners’ Assn. v. Camp, 306 Ga. App. 207 ( 702 SE2d 41 ) (2010). | 1 | 1 |
Trust Co. Bank v. Shawgreen2 sentences2006See Trust Co. Bank of Northwest Ga. v. Shaw, 182 Ga. App. 165, 166 (2) ( 355 SE2d 99 ) (1987). 2006See Trust Co. Bank of Northwest Ga. v. Shaw, 182 Ga. App. 165, 166 (2) ( 355 SE2d 99 ) (1987). | 1 | 1 |
Fidelity Nat. Title Ins. Co. v. OHIC Ins. Co.green2 sentences2006Co., 275 Ga. App. 55, 56 ( 619 SE2d 704 ) (2005). 3 SRG, Gerst, and Eagle are also parties to a related action in the federal district court for the Northern District of Georgia. 4 The parties do not address whether the indemnification claim should have been raised as a compulsory counterclaim in the Alabama and Kentucky lawsuits rather than in this action. 2006Co., 275 Ga. App. 55, 56 ( 619 SE2d 704 ) (2005). 3 SRG, Gerst, and Eagle are also parties to a related action in the federal district court for the Northern District of Georgia. 4 The parties do not address whether the indemnification claim should have been raised as a compulsory counterclaim in the Alabama and Kentucky lawsuits rather than in this action. | 1 | 1 |
Pitts v. Bank South Corp.green2 sentences1998See generally Pitts v. Bank South Corp., 209 Ga. App. 124, 125 ( 433 SE2d 96 ) (1993). 1998See generally Pitts v. Bank South Corp., 209 Ga. App. 124, 125 ( 433 SE2d 96 ) (1993). | 1 | 1 |
Myers v. Texaco Refining & Marketing, Inc.green2 sentences1997See Myers v. Texaco Refining &c., 205 Ga. App. 292 ( 422 SE2d 216 ) (1992) (enforcement of indemnity provision affirmed despite indemnitor’s failure to provide insurance required by contract). 1997See Myers v. Texaco Refining &c., 205 Ga. App. 292 ( 422 SE2d 216 ) (1992) (enforcement of indemnity provision affirmed despite indemnitor’s failure to provide insurance required by contract). | 1 | 1 |
Robert & Co. Associates v. Pinkerton & Laws Co.green2 sentences1974See Robert & Co. Associates v. Pinkerton & Laws Co., 120 Ga. App. 29 ( 169 SE2d 360 ); Gough v. Lessley, 119 Ga. App. 275 ( 166 SE2d 893 ); Kraft Foods v. Disheroon, 118 Ga. App. 632 ( 165 SE2d 189 ); Dowman-Dozier Mfg. 1974See Robert & Co. Associates v. Pinkerton & Laws Co., 120 Ga. App. 29 ( 169 SE2d 360 ); Gough v. Lessley, 119 Ga. App. 275 ( 166 SE2d 893 ); Kraft Foods v. Disheroon, 118 Ga. App. 632 ( 165 SE2d 189 ); Dowman-Dozier Mfg. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kennedy Development Co. v. Camp
green
2 sentences2013Co. v. Camp, 290 Ga. 257 ( 719 SE2d 442 ) (2011). 2013Co. v. Camp, 290 Ga. 257 ( 719 SE2d 442 ) (2011). | 2 | 2013–2013 |
Union Camp Corp. v. Louisville & Nashville Railroad
green
1 sentence2021Rather, to recover on the indemnification claim, the indemnitee must show that the settlement with the injured party “was reasonable, prudent and reached in good faith.” (Citation and punctuation omitted.) Id. (i) As an initial matter, we note that in opposing the Hotel Defendants’ motion for summary judgment, Cajun suggested that their claim for indemnification failed as a matter of law because subsequent to the settlement, the jury in the underlying tort action apportioned no fault to AWH Partners, the Hotel Defendant included on the special verdict form. | 1 | 2021–2021 |
Schuster v. Plaza Pacific Equities, Inc.
green
1 sentence2020Id. | 1 | 2020–2020 |
Gwinnett Hospital System, Inc. v. Massey
green
2 sentences2013Sys., Inc. v. Massey, 220 Ga. App. 334 ( 469 SE2d 729 ) (1996), which both Barrin and the trial court rely on, actually illustrates the difference 12 between an indemnification clause and an assumption of liabilities. 2013Sys., Inc. v. Massey, 220 Ga. App. 334 ( 469 SE2d 729 ) (1996), which both Barrin and the trial court rely on, actually illustrates the difference 12 between an indemnification clause and an assumption of liabilities. | 1 | 2013–2013 |
Transamerican Freight Lines, Inc. v. Brada Miller Freight Systems, Inc.
green
1 sentence2008Transamerican Freight Lines v. Brada Miller Freight Systems, 423 U. S. 28 (96 SC 229, 46 LE2d 169) (1975). | 1 | 2008–2008 |
Grinder v. Bryans Road Building & Supply Co.
green
1 sentence2002If the parties are sued jointly, the agent may cross-claim for indemnity." Id. at 459 . | 1 | 2002–2002 |
Colt Industries Operating Corp. v. Coleman
green
2 sentences1990Corp. v. Coleman, 246 Ga. 559 ( 272 SE2d 251 ) (1980), upholding an indemnification claim asserted by a gun manufacturer against a co-defendant in a personal injury action against them arising from the accidental discharge of a pistol, the claim against the gun manufacturer was based solely on strict liability principles, whereas the claim against the co-defendant was predicated on her alleged active negligence in taking the loaded weapon into a restaurant and dropping it. 1990Corp. v. Coleman, 246 Ga. 559 ( 272 SE2d 251 ) (1980), upholding an indemnification claim asserted by a gun manufacturer against a co-defendant in a personal injury action against them arising from the accidental discharge of a pistol, the claim against the gun manufacturer was based solely on strict liability principles, whereas the claim against the co-defendant was predicated on her alleged active negligence in taking the loaded weapon into a restaurant and dropping it. | 1 | 1990–1990 |
Gough v. Lessley
green
2 sentences1974See Robert & Co. Associates v. Pinkerton & Laws Co., 120 Ga. App. 29 ( 169 SE2d 360 ); Gough v. Lessley, 119 Ga. App. 275 ( 166 SE2d 893 ); Kraft Foods v. Disheroon, 118 Ga. App. 632 ( 165 SE2d 189 ); Dowman-Dozier Mfg. 1974See Robert & Co. Associates v. Pinkerton & Laws Co., 120 Ga. App. 29 ( 169 SE2d 360 ); Gough v. Lessley, 119 Ga. App. 275 ( 166 SE2d 893 ); Kraft Foods v. Disheroon, 118 Ga. App. 632 ( 165 SE2d 189 ); Dowman-Dozier Mfg. | 1 | 1974–1974 |
Kraft Foods v. Disheroon
green
2 sentences1974See Robert & Co. Associates v. Pinkerton & Laws Co., 120 Ga. App. 29 ( 169 SE2d 360 ); Gough v. Lessley, 119 Ga. App. 275 ( 166 SE2d 893 ); Kraft Foods v. Disheroon, 118 Ga. App. 632 ( 165 SE2d 189 ); Dowman-Dozier Mfg. 1974See Robert & Co. Associates v. Pinkerton & Laws Co., 120 Ga. App. 29 ( 169 SE2d 360 ); Gough v. Lessley, 119 Ga. App. 275 ( 166 SE2d 893 ); Kraft Foods v. Disheroon, 118 Ga. App. 632 ( 165 SE2d 189 ); Dowman-Dozier Mfg. | 1 | 1974–1974 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.