Federated Department Stores v. Superior Drywall & Acoustical, Inc.

How courts have described this case

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

• holding that § 13- 8-2(b) does not apply “when the terms of the contract at issue unequivocally express the intent of the parties to shift the risk of loss and look solely to an insurance policy obtained in order to cover loss or damages incurred by both parties”
• “We infer from the record that such act [of procuring satisfactory insurance] occurred and that the purchased insurance was satisfactory to Federated since Superior was permitted to ‘commenc[e] the Work.’”
• agreement indemnifying and holding party harmless from entire responsibility and liability
• agreement indemnifying and holding party harmless from entire responsibility and liability
• OCGA § 13-8-2(b) is violated by a clause which required subcontractor to be liable to store owner for \all damage or injury of any kind or nature\ where there was no provision for insurance covering the sole negligence of both parties
• OCGA § 13-8-2 (b) is violated by a clause which required subcontractor to be liable to store owner for “all damage or injury of any kind or nature” where there was no provision for insurance covering the sole negligence of both parties

Source: CourtListener parenthetical corpus (CC0).