Indemnification – Statutory Intepretation

By: Derek Hawkins//July 18, 2018//

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WI Supreme Court

Case Name: Cintas Corporation No. 2, et al. v. Becker Property Services LLC

Case No.: 2018 WI 81

Focus: Indemnification – Statutory Intepretation

Becker Property Services LLC (“Becker”) and Cintas Corporation No. 2 (“Cintas”) executed a contract containing indemnification and choice-of-law provisions. A dispute arose over whether the contract entitles Cintas to indemnification for damages caused by its own negligence. To answer that question, we must also resolve a threshold dispute: As between Wisconsin and Ohio, which law provides the rule of decision?

We hold that Ohio’s law governs the parties’ contract, and that Becker must defend and indemnify Cintas, even for damages caused by its own negligence. Consequently, we affirm the court of appeals, but (as we discuss below) on other grounds.

Affirmed

Concur:

Dissent: A.W. BRADLEY, J., dissents, joined by ABRAHAMSON, J. (opinion filed).

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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