California, United States of America
The following excerpt is from Citrus El Dorado LLC v. Citrus Course Homeowners Ass'n, G052227 (Cal. App. 2016):
"Although indemnity generally relates to third party claims, 'this general rule does not apply if the parties to a contract use the term 'indemnity' to include direct liability as well as third party liability.'" (Zalkind v. Ceradyne, Inc. (2011) 194 Cal.App.4th 1010, 1024.) "'[E]ach indemnity agreement is "interpreted according to the language and contents of the contract as well as the intention of the parties as indicated by the contract."' [Citation.] When indemnity is expressly provided by contract, the extent of the duty to indemnify must be determined from the contract itself." (Ibid.) "'[T]he question whether an indemnity agreement covers a given case turns primarily on
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contractual interpretation, and it is the intent of the parties as expressed in the agreement that should control.'" (Ibid.)
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