North Dakota Century Code
N.D. Cent. Code § 22-02-01 (2026)
Indemnity defined
✓ current as of May 2026
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Indemnity is a contract by which one engages to save another from a legal consequence of the conduct of one of the parties or of some other person.
\n22-02-02. When indemnity against unlawful act void. An agreement to indemnify a person against an act thereafter to be done is void if the act is known by such person at the time of doing it to be unlawful.
\nNotes of Decisions
Cited in 13
cases (2 in the last 5 years), 1981–2025 · leading case: Johnson v. Haugland, 303 N.W.2d 533 (N.D. 1981).
Johnson v. Haugland, 303 N.W.2d 533 (N.D. 1981). “Section 22-02-01, N.D.C.C., defines “indemnity” as “a contract by which one engages to save another from a legal consequence of the conduct of one of the parties or of some other person.”
Kim-Go, H.K. Minerals, Inc. v. J.P. Furlong Enter., Inc., 460 N.W.2d 694 (N.D. 1990). “” Webster’s New World Dictionary, Second College Edition, defines “proportion” as the “comparative relation between parts, things or elements with respect to size, amount, degree.”
Mann v. Zabolotny, 2000 ND 160 (N.D. 2000). “1992); see N.D.C.C. § 22-02-01. We have noted that indemnity is an equitable doctrine, which is not amenable to hard and fast rules.”
GeoStar Corp. v. Parkway Petroleum, Inc., 495 N.W.2d 61 (N.D. 1993). “Coda argues that Parkway warranted that the October 25, 1989 agreement had been modified and contends that it was entitled to full and complete indemnification from Parkway.”
James Vault & Precast Co. v. B&B Hot Oil Serv., Inc., 927 N.W.2d 452 (N.D. 2019). “Forster/Krebs argue the court's determination that paragraph 9 only applies to third-party claims is contrary to the express language of paragraph 9.”
Star Ins. v. Cont'l Resources, Inc., 89 F. Supp. 3d 1015 (D.N.D. 2015). “Zurich seeks reimbursement from Cyclone Drilling for amounts it has paid on behalf of Continental Resources under the terms of the liability insurance policy Zurich issued to Continental Resources.”
Specialized Contracting, Inc. v. St. Paul Fire & Marine Ins. Co., 825 N.W.2d 872 (N.D. 2012). “We give words in a contract their plain, ordinary, and commonly understood meaning unless they are used by the parties in a technical sense or a special meaning is given to them by usage. N.D.C.C. § 9-07-09.”
Campbell v. BNSF Ry. Co., 756 F. Supp. 2d 1109 (D.N.D. 2010). ““Indemnification is a remedy which allows a party to recover reimbursement from another for the discharge of a liability which, as between them, should have been discharged by the other.”
SNAPS Holding Co. v. Leach, 2017 ND 140 (N.D. 2017). “§ 9-06-04(2), requires a special promise to answer for the debt of another to be in writing.”
Northstar Ctr. v. Lukenbill Fam. P'ship, et al., 2024 ND 212 (N.D. 2025). “” N.D.C.C. § 22-02-01. Indemnification is a remedy which allows a party to recover reimbursement from another for the discharge of a liability which, as between them, should have been discharged by the other.”
Northstar Ctr. v. Lukenbill Fam. P'ship, et al., 2024 ND 212 (N.D. 2024). “” N.D.C.C. § 22-02-01. Indemnification is a remedy which allows a party to recover reimbursement from another for the discharge of a liability which, as between them, should have been discharged by the other.”
Interest of J.N., 2012 ND 256 (N.D. 2012). “We give words in a contract their plain, ordinary, and commonly understood meaning unless they are used by the parties in a technical sense or a special meaning is given to them by usage.”
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