Fleming v. Threshermen's Mutual Insurance Co.

How courts have described this case

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

• holding that Pierringer principles apply to action for indemnity as well as actions for contribution
• nonsettling defendant is liable to plaintiff, but also entitled to indemnity from the settling defendant, who, in turn, the plaintiff agreed to indemnify in Pierringer release
• determining as a matter of law whether dismissal of the plaintiff’s claims against a non-settling defendant following execution of a Pierringer release is proper
• noting that many defendants settle before a plaintiff commences suit against other tortfeasors such that it would be counterproductive to require a defendant to insist that a plaintiff commence suit prior to settlement in order that cross-claims could be filed before settlement
• nonsettling defendant is liable to plaintiff, but also entitled to indemnity from the settling defendant, who, in turn, the plaintiff agreed to indemnify in Pierringer release
• effect of Pierringer releases to impute settling defendant’s liability for contributions to settling plaintiff applies to indemnity as well

Source: CourtListener parenthetical corpus (CC0).