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.

 

Check out the WIMS Daily Environmental HotSheet for complete environment, energy and climate change news every day. (click here)