Joint Fault Doesn't Keep Indemnitor Off Hook: Ala. Court

Law360, New York (November 17, 2009, 2:58 PM EST) -- Alabama's highest court has ruled that an indemnitee can recover damages from an indemnitor resulting from the parties' combined fault, responding to a federal appeals court's questions in an insurance dispute over a cement worker's $5 million injury settlement.

When determining liability under an indemnity provision, a court may also look beyond the complaint in the underlying action to the underlying facts shown by admissible evidence, Justice Greg Shaw wrote for the Supreme Court of Alabama on Friday.

In November 2008, the U.S. Court of Appeals...
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