Virginia Surety Co. v. Northern Insurance

How courts have described this case

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

• recognizing that when the language of a contract is clear and unambiguous, the intent of the parties must be determined solely from the language of the contract document itself
• explaining that “an employer may waive its Kotecki protection by contract and thereby be liable for its full pro rata share of contribution” and when that happens, “the employer is waiving its affirmative defense provided by the Workers' Compensation Act”
• explaining that “an employer may waive its Kotecki protection by contract and thereby be liable for its full pro rata share of contribution” and when that happens, “the employer is waiving its affirmative defense provided by the Workers' Compensation Act”
• “The cardinal rule is to give effect to the parties’ intent, which is to be discerned from the contract language.”
• court said that it must look to the agreement and determine whether the agreement obligated the subcontractor to assume the general contractor’s liability
• court said that it must look to the agreement and determine whether the agreement obligated the subcontractor to assume the general contractor’s liability

Source: CourtListener parenthetical corpus (CC0).