Posted on July 10, 2006 by John Parnass

Division 1: Indemnity for "Any and All Claims" Includes Contract and Tort Claims

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Reversing the trial court in a condo defect case, Division 1 has held that an indemnity clause between GC and sub which requires the sub to protect the GC from "any and all claims" connected with services performed under the subcontract is broad enough to include contract as well as tort claims.

The Court rejected the sub's claim that the indemnity clause related only to tort claims because it excluded coverage for certain claims caused by the "sole negligence" or "concurrent negligence" of the indemnitee (GC).  Instead of seeing these carve outs as modifying the "any and all" language, the Court instead saw them as efforts to comply with RCW 4.24.115.

 

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Mike - July 12, 2006 11:09 PM

Question: In cases not involving personal injury or property damage, is an agreement in which one is to be indemnified for their own negligence, vaild in Washington?

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