indemnity clause in North Dakota

1991Barsness, supra, 422 N.W.2d at 823 .

1991Barsness, supra, 422 N.W.2d at 823 .

1988First Assembly asserts that we should not follow the majority rule because the better reasoned rule is that a third-party tortfeasor is not entitled to contractual indemnification from an employer who has complied with the provisions of the Workers Compensation Act, citing Paul Krebs & Associates v. Matthews & Fritts Construction Co., Inc., 356 So.2d 638 (Ala.1978); Raisler v. Burlington Northern Railroad Co., 717 P.2d 535 (Mont.1985); and Roberts v. Gray’s Crane & Rigging, Inc., 73 Or.App. 29 , 697 P.2d 985 (1985).

1988First Assembly asserts that we should not follow the majority rule because the better reasoned rule is that a third-party tortfeasor is not entitled to contractual indemnification from an employer who has complied with the provisions of the Workers Compensation Act, citing Paul Krebs & Associates v. Matthews & Fritts Construction Co., Inc., 356 So.2d 638 (Ala.1978); Raisler v. Burlington Northern Railroad Co., 717 P.2d 535 (Mont.1985); and Roberts v. Gray’s Crane & Rigging, Inc., 73 Or.App. 29 , 697 P.2d 985 (1985).

1988First Assembly asserts that we should not follow the majority rule because the better reasoned rule is that a third-party tortfeasor is not entitled to contractual indemnification from an employer who has complied with the provisions of the Workers Compensation Act, citing Paul Krebs & Associates v. Matthews & Fritts Construction Co., Inc., 356 So.2d 638 (Ala.1978); Raisler v. Burlington Northern Railroad Co., 717 P.2d 535 (Mont.1985); and Roberts v. Gray’s Crane & Rigging, Inc., 73 Or.App. 29 , 697 P.2d 985 (1985).

1988First Assembly asserts that we should not follow the majority rule because the better reasoned rule is that a third-party tortfeasor is not entitled to contractual indemnification from an employer who has complied with the provisions of the Workers Compensation Act, citing Paul Krebs & Associates v. Matthews & Fritts Construction Co., Inc., 356 So.2d 638 (Ala.1978); Raisler v. Burlington Northern Railroad Co., 717 P.2d 535 (Mont.1985); and Roberts v. Gray’s Crane & Rigging, Inc., 73 Or.App. 29 , 697 P.2d 985 (1985).

1988The Washington Supreme Court articulated the requirements for a valid waiver: “We hold that an indemnity clause of this type is enforceable only if it clearly and specifically contains a waiver of the immunity of the workers’ compensation act, either by so stating or by specifically stating that the indemnitor assumes potential liability for actions brought by its own employees.” Brown v. Prime Construction Co., supra, 684 P.2d at 75 .

1988We distinguished Bridston, supra, on two grounds in Vanderhoof, supra. First, the indemnity clause in Vanderhoof, supra, established a conflict between a “hold harmless” clause and another provision of the lease and second, the indemnity clause did not include a provision for insurance.

1988We distinguished Bridston, supra, on two grounds in Vanderhoof, supra. First, the indemnity clause in Vanderhoof, supra, established a conflict between a “hold harmless” clause and another provision of the lease and second, the indemnity clause did not include a provision for insurance.

1985Indemnity § 24, and Sorenson v. Safety Flate, Inc., 306 Minn.300, 235 N.W.2d 848 (1975): “ ‘If a party is obliged to defend against the act of another, against whom he has a remedy over, and defends solely and exclusively the act of such other party, and is compelled to defend no misfeasance of his own, he may notify such party of the pendency of the suit and may call upon him to defend it; if he fails to defend, then, if liable over, he is liable not only for the amount of damages recovered, but for all reasonable and necessary expenses incurred in such defense.’ Only in such case is there a

1985Indemnity § 24, and Sorenson v. Safety Flate, Inc., 306 Minn.300, 235 N.W.2d 848 (1975): “ ‘If a party is obliged to defend against the act of another, against whom he has a remedy over, and defends solely and exclusively the act of such other party, and is compelled to defend no misfeasance of his own, he may notify such party of the pendency of the suit and may call upon him to defend it; if he fails to defend, then, if liable over, he is liable not only for the amount of damages recovered, but for all reasonable and necessary expenses incurred in such defense.’ Only in such case is there a

1979Suhr refers us to our recent case of Herman v. General Irrigation Co., 247 N.W.2d 472 (N.D.1976), wherein we applied the equitable doctrine of indemnity, but in which case the issue of attorneys’ fees was not involved.

1979Suhr refers us to our recent case of Herman v. General Irrigation Co., 247 N.W.2d 472 (N.D.1976), wherein we applied the equitable doctrine of indemnity, but in which case the issue of attorneys' fees was not involved.