Indemnification – Limitations

This case came on appeal from a District Court’s award of summary judgment in favor of a subcontractor and an insurer on a general contractor’s breach-of-contract and declaratory-judgment actions. The Court of Appeals held that (1) when a subcontractor agrees to indemnify and insure a general contractor for claims, causes of action, liabilities, obligations, demands, costs, and expenses arising out of bodily injury or property damage caused or alleged to have been caused by any act or omission of the subcontractor, the obligation is not limited to injury or damage caused by the subcontractor’s negligence; (2) when neither an additional insured endorsement nor a commercial general liability policy limits coverage to claims arising from a subcontractor’s negligence, coverage for a general contractor as an additional insured is not limited to such claims; and (3) when an issue is not raised in an appellant’s principal brief, a statement in a respondent’s principal brief that an appellant does not challenge the District Court’s findings on the issue does not constitute the presentation of “new matter” that may be raised in appellant’s reply brief. Reversed and remanded; motion granted.

A11-0159 Eng’g & Constr. Innovations, Inc. v. L.H. Bolduc Co. (Ramsey County)

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