Caldwell Tanks, Inc. v. Haley & Ward, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding Massachusetts law contains no assumption that indemnity provisions are restricted to third-party claims
• defining “indemnity” as “[a] duty to make good any loss, damage, or liability incurred by another” (emphasis omitted)
• “[W]here material facts are not in dispute, interpretation of an indemnity clause is an issue of law.”
• “[I]t is well accepted under Massachusetts law that parties may alter the American rule by contract . . . [t]he Contract here explicitly allowed for recovery of defense costs, including attorney’s fees.” (internal citations omitted)
• “[I]ndemnification provisions are construed in accordance with their ordinary and plain meaning[.]”

Source: CourtListener parenthetical corpus (CC0).