28-11-313. Interpretation of contract of indemnity. In the interpretation of a contract of indemnity, the rules prescribed in 28-11-314 through 28-11-317 are to be applied unless a contrary intention appears.
Montana Code Annotated
Mont. Code Ann. § 28-11-313 (2026)
Interpretation Of Contract Of Indemnity
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TITLE 28. CONTRACTS AND OTHER OBLIGATIONS
CHAPTER 11. GUARANTY, INDEMNITY, AND SURETYSHIP
Part 3. Indemnity
Interpretation Of Contract Of Indemnity
History: En. Sec. 3586, Civ. C. 1895; re-en. Sec. 5654, Rev. C. 1907; re-en. Sec. 8169, R.C.M. 1921; Cal. Civ. C. Sec. 2778; Field Civ. C. Sec. 1530; re-en. Sec. 8169, R.C.M. 1935; R.C.M. 1947, 30-307(part).
Notes of Decisions
Cited in 3
cases, 2012–2014 · leading case: Pac. Hide & Fur Depot v. Great Am. Ins., 23 F. Supp. 3d 1208 (D. Mont. 2014).
Pac. Hide & Fur Depot v. Great Am. Ins., 23 F. Supp. 3d 1208 (D. Mont. 2014). “]uty of person indemnifying to defend,” the, person indemnifying is bound, on request of the person indemnified, to defend against actions or proceedings brought against the person indemnified in respect to the matters embraced by the indemnity.”
Specialized Contracting, Inc. v. St. Paul Fire & Marine Ins. Co., 2012 ND 259, 825 N.W.2d 872. “We have not interpreted what is required to express a contrary intention in an indemnity agreement.”
Interest of J.N., 2012 ND 256. “§ 30107 ; Mont. Code Ann. §§ 28-11-313 to 28-11-317; Okla.”
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