In re D. J. Salvator, 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 an indemnity clause contemplated only third-party claims where an expressly coextensive provision permitted the indemnitor to “assume the defense of any such claim or litigation”
• noting that contract provisions should be construed in a manner that “affords a fair meaning to all of the language employed by the parties in the contract and leaves no provision without force and effect”
• noting provisions applicable only to third-party claims, including a tender of defense provision, in finding indemnity clause inapplicable in breach of contract action
• pointing to provisions which require plaintiff to promptly notify defendant of any claim or litigation and which give defendant an option to assume the defense of such claims
• “Words in a contract are to be construed to achieve the apparent purpose of the parties.”
• “Words in a contract are to be construed to achieve the apparent purpose of the parties.”

Source: CourtListener parenthetical corpus (CC0).