Walsh Construction Co. v. Mutual of Enumclaw

This action for breach of an insurance contract involves the meaning of ORS 30.140(1). That statute prohibits construction agreements from requiring a person or that person’s insurer to indemnify another party against liability caused in whole or in part by the indemnitee’s negligence. The question on review is whether that prohibition extends to an additional insured endorsement that plaintiff Walsh Construction Co. (Walsh) obtained from a subcontractor on a policy that defendant Mutual of Enumclaw (Enumclaw) had issued to the subcontractor. Both the trial court and the Court of Appeals…