Carr v. Home Insurance

How courts have described this case

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

• reversing trial court decision granting a potential indemnitee summary judgment on an equitable indemnification claim because there had been no determination that the potential indemnitor negligently caused the damages giving rise to the indemnification claim
• equitable indemnification is available to a party who is without personal fault and becomes legally liable for damages caused by the negligence of another
• “Equitable indemnification arises when a party without personal fault, is nevertheless legally liable for damages caused by the negligence of another.”
• “A prerequisite to recovery based on equitable indemnification is the initial determination that the negligence of another person caused the damage. Without that determination, neither the negligent actor nor the innocent party can be held liable for the damages claimed.”

Source: CourtListener parenthetical corpus (CC0).