Wednesday, December 10, 2014

Martin K. Eby Construction v. OneBeacon Insurance

<> Martin K. Eby Construction v. OneBeacon Insurance - 12/9/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 13-3076. In a dispute over liabilities claims for a leaking pipeline, the Appeals Court upheld a district court decision and said ". . .we can enforce the indemnity promise only if it was expressly stated and conspicuous. This indemnity clause was not conspicuous; thus, it is unenforceable. . . Accordingly, Kellogg is not entitled to indemnity from Eby or insurance coverage from Travelers, and Eby and Travelers were entitled to summary judgment.

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