11 Missouri opinions name it 2 courts 1961–2024 1 in the last five years
The cases below were cited by Missouri 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 |
|---|---|---|
Committee for Educational Equality v. Stategreen1 sentence2020Equal., 878 S.W.2d at 452 (analyzing the claims in International Minerals & Chemical Corp. v. Avon Products, 817 S.W.2d 903 (Mo. banc 1991), and noting that a judgment resolving some but not all claims was eligible to be certified for immediate appeal because, “[e]ven though the indemnity claim and the patent infringement claim 11 were connected, each involved different legal theories and different operative facts.”) (emphasis added). | 1 | 1 |
Lee v. Investors Title Co.green2 sentences2018See, e.g. , Lee v. Investors Title Co. , 241 S.W.3d 366 , 368 (Mo. App. E.D. 2007). 2018See Lee , 241 S.W.3d at 368 (explaining that the "clear" language of the indemnity clause, in indemnifying for all damages incurred "in connection with [indemnitee's] enforcement of its right under this Agreement," permitted the indemnitee to recover fees sustained in enforcing the clause); RJF Int'l Corp. v. B.F. | 1 | 1 |
Wells Dairy, Inc. v. American Industrial Refrigeration, Inc.green1 sentence2011Wells Dairy, 762 N.W.2d at 470 (“It has been widely accepted for decades that indemnity may, in some instances, arise from a contractual relationship even if the parties did not expressly include an indemnity clause in the contract.”); 41 Am.Jur.2d Indemnity § 20 (2005). | 1 | 1 |
Teter v. Morrisgreen1 sentence1992Teter v. Morris, 650 S.W.2d 277, 282 (Mo.App.1982). | 1 | 1 |
Transamerican Freight Lines, Inc. v. Brada Miller Freight Systems, Inc.green2 sentences1982It argued that the indemnity clause derogated I.C.C. regulation 49 CFR § 1057 .-3(a) (1975), which requires the lessee to assume “control and responsibility of the operation of the equipment.” The Supreme Court, however, disagreed, stating that “[t]he separate indemnification clause in the subsequent paragraph 9 of the lease did not affect this basic responsibility of the lessee to the public; it affected only the relationship between the lessee and the lessor.” Id. at 39 , 96 S.Ct. at 234 . 1982Great West acknowledges Brada Miller but argues that the indemnity clause in the instant case did not fall within that “narrow” holding, i.e. “[W]e hold only that the presence in an equipment lease of an indemnification clause directed to the lessor’s negligence is not in conflict with the safety concerns of the Commission (I.C.C.) or with the regulations it has promulgated.” Id. at 41 , 96 S.Ct. at 235 (emphasis added). | 1 | 1 |
Feinstein v. Edward Livingston & Sons, Inc.green1 sentence1974Livingston & Sons, Inc., 457 S.W.2d 789, 793 (Mo. 1970), where the court, ruling on a motion to dismiss an indemnity claim, used a similar approach with respect to considering what the pleadings would permit when given all their reasonable intendments. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
International Minerals & Chemical Corp. v. Avon Products, Inc.
green
2 sentences2024Equal., 878 S.W.2d 452 (analyzing the claims in International Minerals & Chemical Corp. v. Avon Products, 817 S.W.2d 903 (Mo. banc 1991), and noting that a judgment resolving some but not all claims was eligible to be certified for immediate appeal because, “[e]ven though the indemnity claim and the patent infringement claim were connected, each involved different legal theories and different operative facts.”) (emphasis added). 2020Equal., 878 S.W.2d at 452 (analyzing the claims in International Minerals & Chemical Corp. v. Avon Products, 817 S.W.2d 903 (Mo. banc 1991), and noting that a judgment resolving some but not all claims was eligible to be certified for immediate appeal because, “[e]ven though the indemnity claim and the patent infringement claim 11 were connected, each involved different legal theories and different operative facts.”) (emphasis added). | 2 | 2020–2024 |
Nusbaum v. City of Kansas City
green
2 sentences2018However, parties are free to contract around this rule, and the non-breaching party can recover attorneys' fees expended in establishing the right to indemnity if the indemnity clause "expressly provide[s] for the recovery of expenses incurred in establishing the right to indemnity," See id. 2018The indemnity clause provided that "Subcontractor shall indemnify and hold harmless [the indemnitee] ... from and against claims, damages, losses, and *42 expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Subcontractor's Work under this Subcontract, but only to the extent caused in whole or in part by negligent acts or omissions of the Subcontractor[.]" Id. at 105-06 . | 1 | 2018–2018 |
RJF International Corp. v. B.F. Goodrich Co.
green
2 sentences2018In RJF , the indemnitee moved on appeal for its attorneys' fees and cost incurred in litigating an indemnity clause. 880 S.W.2d at 371 . 2018RJF Int'l Corp. , 880 S.W.2d at 371 -72 , Both Section 15(B) and the RJF clause expressly incorporate as damages any legal expenses sustained in rectifying the indemnitor's breach of the indemnity clause. | 1 | 2018–2018 |
Utility Service & Maintenance, Inc. v. Noranda Aluminum, Inc.
green
1 sentence2018Serv. & Maint., Inc. v. Noranda Aluminum, Inc. , 163 S.W.3d 910 , 912, 914 (Mo. banc 2005) (finding that an indemnity clause referring to obligations or performance "hereunder" as relating to obligations or performances arising out of the written contract). | 1 | 2018–2018 |
Travelers Casualty & Surety Co. v. American Equity Insurance
green
2 sentences2005Enforceability Federal makes two arguments against enforceability, neither of which has merit. (1) No Prior Judicial Determination of Fault Federal first argues that whether or not the indemnity language was valid, the enforceability of the indemnity clause could not be determined in the summary judgment action because a fact-finder in the underlying case never apportioned fault, citing Travelers, 93 Cal.App.4th at 1157-58 , 113 Cal.Rptr.2d 613 . 2005Enforceability Federal makes two arguments against enforceability, neither of which has merit. (1) No Prior Judicial Determination of Fault Federal first argues that whether or not the indemnity language was valid, the enforceability of the indemnity clause could not be determined in the summary judgment action because a fact-finder in the underlying case never apportioned fault, citing Travelers, 93 Cal.App.4th at 1157-58 , 113 Cal.Rptr.2d 613 . | 1 | 2005–2005 |
Magnus v. LUTHERN GEN. HEALTH CARE SYS.
green
1 sentence1996It concluded that the indemnity clause “[did] not include the costs Buyer incurred in defending itself against SeUer’s claims.” Id. | 1 | 1996–1996 |
Denver Midwest Motor Freight, Inc. v. Busboom Trucking, Inc.
neutral
2 sentences1982Also with regard to the validity of the indemnity clause, the lease agreement provided that “[t]he performance and execution of this lease agreement shall be governed by the laws of Nebraska.” Great West cites to Denver Midwest Motor Freight, Inc. v. Busboom Truck, Inc., 190 Neb. 231 , 207 N.W.2d 368 (1973), for a statement of Nebraska law. 1982Also with regard to the validity of the indemnity clause, the lease agreement provided that “[t]he performance and execution of this lease agreement shall be governed by the laws of Nebraska.” Great West cites to Denver Midwest Motor Freight, Inc. v. Busboom Truck, Inc., 190 Neb. 231 , 207 N.W.2d 368 (1973), for a statement of Nebraska law. | 1 | 1982–1982 |
State Ex Rel. Laclede Gas Company v. Godfrey
green
1 sentence1977Laclede Gas Co. v. Godfrey, 468 S.W.2d 693 (Mo.App.1971), where it was held that Section 287.120 did not bar an indemnity claim by a third person against an employer. | 1 | 1977–1977 |
McDonnell Aircraft Corp. v. Hartman-Hanks-Walsh Painting Co.
green
1 sentence1977In McDonnell, the supreme court held that Section 287.120 does not mean that the employer shall be released of liability to third persons “for breach of an independent duty or obligation owed to a third party by an employer whose liability for injury to his employee is under the compensation act.” 323 S.W.2d at 796 . | 1 | 1977–1977 |
Barb v. Farmers Insurance Exchange
green
1 sentence1974Barb v. Farmers Insurance Exchange, 281 S.W.2d 297 (Mo.1955) is similar in some respects. | 1 | 1974–1974 |
J. V. McNicholas Transfer Co. v. Pennsylvania R.
neutral
1 sentence1961Co., 6 Cir., 154 F.2d 265, 266 , cited by Simpson, a contrary result was reached on the identical indemnity clause. | 1 | 1961–1961 |
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.