Monsanto Co. v. Owens-Corning Fiberglas Corp.

OPINION

DUNN, Justice.

This is an appeal from a summary judgment holding unenforceable the indemnity provisions of a contract between a company and a subcontractor. We affirm.

An employee of subcontractor Owens-Corning Fiberglas Corp., Darwin Crabb, filed a personal injury claim against the contractor, The Monsanto Company. Monsanto then filed a third party action for indemnification against Owens-Corning. Owens-Corning moved for summary judgment, claiming that the indemnification provisions of their contract did not express in specific terms Owens-Corning’s intent to indemnify Monsanto.

The…