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

8 Tennessee opinions name it 2 courts 1934–2018 0 in the last five years

The cases below were cited by Tennessee 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 (5)

CaseFollowedCited
M. D. Smith D/B/A M. D. Smith Construction Company v. Seaboard Coast Line Railroad Companygreen
ca5 · 1981 · cited in 2 Tennessee opinions naming this issue, 2001–2002
2 sentences

2002For example, in Smith v. Seaboard Coast Line Railroad Co., 639 F.2d 1235, 1241 (5th Cir.1981), the court found that damage to a tenant’s building located on property adjoining the leasehold was covered by an indemnity clause in the lease.

2001For example, in Smith v. Seaboard Coast Line Railroad Co., 639 F.2d 1235, 1241 (5th Cir. 1981), the court found that damage to a tenant’s building located on property adjoining the leasehold was covered by an indemnity clause in the lease.

22
Travelers Insurance Co. v. Fidelity & Casualty Co. of New Yorkgreen
tenn · 1966 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018Co. of New York, the supreme court considered an indemnity claim brought by Travelers, the workers’ compensation insurance carrier of a contractor, against Fidelity, the insurer of a subcontractor. 409 S.W.2d 175, 176 (Tenn. 1966).

11
Schweber Electronics v. National Semiconductor Corp.green
arizctapp · 1992 · cited in 1 Tennessee opinions naming this issue, 2009–2009
1 sentence

2009See Schweber Elecs. v. Nat’l Semiconductor Corp., 174 *344 Ariz. 406, 850 P.2d 119, 125 (Ariz.Ct.App.1992); Majors v. Kalo Labs., Inc., 407 F.Supp. 20, 24-25 (M.D.Ala.1975).

11
Majors v. Kalo Laboratories, Inc.green
almd · 1975 · cited in 1 Tennessee opinions naming this issue, 2009–2009
1 sentence

2009See Schweber Elecs. v. Nat’l Semiconductor Corp., 174 *344 Ariz. 406, 850 P.2d 119, 125 (Ariz.Ct.App.1992); Majors v. Kalo Labs., Inc., 407 F.Supp. 20, 24-25 (M.D.Ala.1975).

11
Howard P. Foley Co. v. Coxgreen
texapp · 1984 · cited in 1 Tennessee opinions naming this issue, 2009–2009
1 sentence

2009In support of this argument, Argo cites a Texas case holding that “[f]or a contract clause to preclude indemnity to an innocent retailer from the manufacturer of a defective product, the clause must include within its terms that such indemnity is specifically foreclosed.” Howard P. Foley Co. v. Cox, 679 S.W.2d 58, 63 (Tex.App.1984) (citation omitted).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Ken Petroleum Corp. v. Questor Drilling Corp. green
tex · 2000
1 sentence

2016Id. at 354-55 .

12016–2016
Hardimon v. Cullum & Maxey Camping Centers, Inc. green
tennctapp · 1979
1 sentence

2009Id. at 774 .

12009–2009
Houseboating Corp. of America v. Marshall green
tenn · 1977
2 sentences

2009Hardimon discussed Houseboating Corp. of America v. Marshall, 553 S.W.2d 588 (Tenn.1977), a case in which the Tennessee Supreme Court permitted a houseboat dealer to assert an indemnity claim against the houseboat manufacturer to recover for the dealer’s losses incurred after a customer was allowed to rescind the sales contract on a defective houseboat.

2009Hardimon discussed Houseboating Corp. of America v. Marshall, 553 S.W.2d 588 (Tenn.1977), a case in which the Tennessee Supreme Court permitted a houseboat dealer to assert an indemnity claim against the houseboat manufacturer to recover for the dealer’s losses incurred after a customer was allowed to rescind the sales contract on a defective houseboat.

12009–2009
Teter v. Republic Parking System, Inc. green
tenn · 2005
1 sentence

2006Discussion In Teter v. Republic Parking System, Inc., 181 S.W.3d 330 (Tenn.2005), our Supreme Court recently reiterated the standards applicable when appellate courts are reviewing the granting of a motion for summary judgment.

12006–2006
Kroger Company v. Giem green
tenn · 1964
2 sentences

1973In Kroger Co. v. Giem, 215 Tenn. 459 , 387 S.W.2d 620 (1964), we held it was not against public policy to contract to be indemnified against one’s own negligence but such a provision in indemnification contracts would have to be expressly clear and in unequivocal terms.

1973In Kroger Co. v. Giem, 215 Tenn. 459 , 387 S.W.2d 620 (1964), we held it was not against public policy to contract to be indemnified against one’s own negligence but such a provision in indemnification contracts would have to be expressly clear and in unequivocal terms.

11973–1973
Fitzgerald v. Globe Indemnity Co. of New York green
calctapp · 1927
2 sentences

1934The point was expressly made and determined against the contention of the insurer in Fitzgerald v. Globe Indemnity Co. (California District Court of Appeals; hearing denied by the Supreme Court), 84 Cal. App., 689 , 258 Pac., 458, 461 , wherein the court said: “No logical reason appears, however, 'why the same rule should not be applied where the policy provides for both total and partial disability in order to make the total disability clause ‘operative and to prevent a forfeiture’ of the indemnity provided by that clause.

1934The point was expressly made and determined against the contention of the insurer in Fitzgerald v. Globe Indemnity Co. (California District Court of Appeals; hearing denied by the Supreme Court), 84 Cal. App., 689 , 258 Pac., 458, 461 , wherein the court said: “No logical reason appears, however, 'why the same rule should not be applied where the policy provides for both total and partial disability in order to make the total disability clause ‘operative and to prevent a forfeiture’ of the indemnity provided by that clause.

11934–1934

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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