GAF CORPORATION v. Tolar Construction Co.

How courts have described this case

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

• observing that “the quintessential element of a claim for contribution [is] the legal compulsion to pay on the part of one seeking contribution from a joint tortfeasor”
• defendant cannot seek indemnity from third party where defendant knowingly failed to raise a valid defense and payment of the judgment was therefore deemed voluntary
• “[T]here is no question here of Tolar’s having inadvertently waived its statute of limitation defense.”
• indemnification unavailable where party seeking indemnification had valid defense but failed to assert it
• indemnification unavailable where party seeking indemnification had valid defense but failed to assert it
• “[N]o indemnification or contribution can be recovered by the party cast against a third party if the party cast had a defense available which would have defeated the action but failed to assert it.” (emphasis added

Source: CourtListener parenthetical corpus (CC0).