Contracts — indemnification

By: WISCONSIN LAW JOURNAL STAFF//March 14, 2014//

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U. S. Court of Appeals for the Seventh Circuit

Civil

Contracts — indemnification

A contractor’s negligence does not bar it from recovering pursuant to an indemnification clause in a contract.

“Harsco may have been negligent after all, and Riley argues that it’s unthinkable that someone whose negligence is responsible for a harm should be entitled to indemnification. Not so. Indemnification is a form of insurance. Liability insurance provides indemnity for damages caused by the insured’s negligence. The indemnity provisions in the contract between Riley and Harsco were the equivalent of provisions in insurance policies.”

Reversed and Remanded.

13-2272 Krien v. Harsco Corp.

Appeal from the United States District Court for the Eastern District of Wisconsin, Adelman, J., Posner, J.

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