indemnity claim (Kentucky) · Go Syfert
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indemnity claim in Kentucky

10 Kentucky opinions name it 3 courts 1958–2025 2 in the last five years

The cases below were cited by Kentucky 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.

Followed or applied (4)

CaseFollowedCited
Fosson v. Ashland Oil & Refining Companygreen
kyctapphigh · 1957 · cited in 3 Kentucky opinions naming this issue, 1958–2007
2 sentences

1968Eastland claims that “a fair reading of the lease as a whole indicates that the parties intended for the lessee to be responsible for any claims asserted by its employees, customers, or invitees regardless of the cause of injuries.” It attempts to distinguish the cases cited by Blue Grass including Fosson v. Ashland Oil & Refining Co., Ky., 309 S.W.2d 176 (1958), in which we said: “ * * * It is true that when there is a doubt as to the meaning of. an indemnity clause the construction should be against the contention that the contract was meant to indemnify against an in-demnitee’s own negligen

1968Eastland claims that "a fair reading of the lease as a whole indicates that the parties intended for the lessee to be responsible for any claims asserted by its employees, customers, or invitees regardless of the cause of injuries." It attempts to distinguish the cases cited by Blue Grass including Fosson v. Ashland Oil & Refining Co., Ky., 309 S.W.2d 176 (1958), in which we said: "* * * It is true that when there is a doubt as to the meaning of an indemnity clause the construction should be against the contention that the contract was meant to indemnify against an indemnitee's own negligence.

13
Queensway Financial Holdings Ltd. v. Cotton & Allen, P.S.C.green
ky · 2007 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024Citing Queensway Financial Holdings Ltd. v. Cotton & Allen, P.S.C., 237 S.W.3d 141, 151 (Ky. 2007), Handy argued that Metro had an affirmative duty to exercise reasonable diligence and investigate him for potential malice, fraud, or corruption and it did not do so.

11
Crime Fighters Patrol v. Hilesgreen
ky · 1987 · cited in 1 Kentucky opinions naming this issue, 2016–2016
1 sentence

2016Crime Fighters Patrol v. Hiles, 740 S.W.2d 936, 940-41 (Ky.1987).

11
Richmond v. Louisville & Jefferson County Metropolitan Sewer Districtgreen
kyctapp · 1977 · cited in 1 Kentucky opinions naming this issue, 2007–2007
1 sentence

2007See Richmond v. Louisville & Jefferson County MSD, 572 S.W.2d 601 (Ky.App.1978).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Gas Service Co., Inc. v. City of London green
ky · 1985
1 sentence

2025Id.

12025–2025
Affholder, Inc. v. Preston Carroll Company, Inc. green
ca3 · 1994
2 sentences

2024Id. at 233 .

2024Id. at 235 .

12024–2024
Indiana Insurance Company v. James Demetre green
ky · 2017
1 sentence

2020In June 2018, the circuit court dismissed Kevin’s claim for custodial interference but permitted Kevin’s and child’s claims for IIED to proceed, noting that “some evidence, expert medical or scientific proof, shall be necessary to survive directed verdict,” citing Indiana Insurance Co. v. Demetre, 527 S.W.3d 12 (Ky. 2017).

12020–2020
Franke v. Ford Motor Co. green
kywd · 2005
1 sentence

2010Franke, 398 F.Supp.2d at 840 .

12010–2010
Blue Grass Restaurant Company v. Franklin green
kyctapphigh · 1968
2 sentences

2008Before ruling, the Fosson court reiterated “that generally in Kentucky agreements to indemnify against the indemnitee’s own negligence are not valid and that ... when there is a doubt as to the meaning of an indemnity clause the construction should be against the contention that the contract was meant to indemnify against an indem-nitee’s own negligence.” Id. at 178 . “[Ejvery presumption is against such intention.” Id., citing Mitchell at 217.

2008Before ruling, the Fosson court reiterated “that generally in Kentucky agreements to indemnify against the indemnitee’s own negligence are not valid and that ... when there is a doubt as to the meaning of an indemnity clause the construction should be against the contention that the contract was meant to indemnify against an indem-nitee’s own negligence.” Id. at 178 . “[Ejvery presumption is against such intention.” Id., citing Mitchell at 217.

12008–2008
Union Carbide Corp. v. Sweco, Inc. green
kyctapp · 1980
2 sentences

1984The Court of Appeals affirmed the trial court’s dismissal as to contribution citing Employers Mutual Liability Insurance Co. of Wisconsin v. Griffin Construction Co., Ky., 280 S.W.2d 179 (1965), but reversed the trial court’s dismissal of the indemnity claim, citing Union Carbide Corp. v. Sweco, Inc., Ky.App., 610 S.W.2d 932 (1981).

1984The Court of Appeals affirmed the trial court's dismissal as to contribution citing Employers Mutual Liability Insurance Co. of Wisconsin v. Griffin Construction Co., Ky., 280 S.W.2d 179 (1955), but reversed the trial court's dismissal of the indemnity claim, citing Union Carbide Corp. v. Sweco, Inc., Ky.App., 610 S.W.2d 932 (1981).

11984–1984
Employers Mutual Liability Insurance Co. of Wisconsin v. Griffin Construction Co. green
kyctapphigh · 1955
2 sentences

1984The Court of Appeals affirmed the trial court’s dismissal as to contribution citing Employers Mutual Liability Insurance Co. of Wisconsin v. Griffin Construction Co., Ky., 280 S.W.2d 179 (1965), but reversed the trial court’s dismissal of the indemnity claim, citing Union Carbide Corp. v. Sweco, Inc., Ky.App., 610 S.W.2d 932 (1981).

1984The Court of Appeals affirmed the trial court's dismissal as to contribution citing Employers Mutual Liability Insurance Co. of Wisconsin v. Griffin Construction Co., Ky., 280 S.W.2d 179 (1955), but reversed the trial court's dismissal of the indemnity claim, citing Union Carbide Corp. v. Sweco, Inc., Ky.App., 610 S.W.2d 932 (1981).

11984–1984

Where else courts name it

CA 194 (1956–2026) NY 107 (1926–2025) TX 100 (1922–2026) IL 84 (1899–2026) FL 48 (1964–2025) LA 48 (1970–2024) MA 45 (1976–2014) PA 44 (1943–2025) IN 42 (1940–2025) CT 38 (1925–2016) WA 33 (1922–2025) OR 28 (1959–2024) AK 26 (1976–2023) GA 25 (1977–2025) AL 25 (1932–2017) MN 24 (1958–2026) MI 24 (1978–2022) IA 20 (1963–2023) NJ 19 (1958–2025) DE 16 (1973–2024) MS 15 (1991–2010) AZ 14 (1975–2017) NM 13 (1959–2021) CO 12 (1973–2025) WV 11 (1985–2024) NC 11 (1982–2026) MO 11 (1961–2024) OH 11 (1992–2026) SC 10 (1927–2026) KY 10 (1958–2025) VT 9 (1991–2026) MT 9 (1973–2017) MD 8 (1949–2006) NV 8 (1997–2013) TN 8 (1934–2018) DC 8 (1984–2011) WI 7 (1942–2019) RI 7 (1995–2015) VA 7 (1967–2005) KS 7 (1979–2022) OK 6 (1935–2006) AR 6 (1991–2026) ID 6 (1923–2021) UT 6 (1989–2019) ND 6 (1979–2002) ME 5 (1985–2003) NH 5 (1974–2010) SD 3 (1990–2016) WY 3 (1987–1992) NE 3 (1997–2022) VI 2 (2002–2017) HI 2 (1985–2018)

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.

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