Ingersoll-Rand Co. v. Valero Energy Corp.

Valero1 sued Kellogg2 and Ingersoll-Rand 3 for damages caused by malfunctioning equipment. Kellogg and Ingersoll-Rand installed the equipment during an expansion of Valero’s oil refinery. Kellogg was the general contractor on the expansion, and Ingersoll-Rand was one of Kellogg’s subcontractors. Both Kellogg and Ingersoll-Rand defended by asserting that certain indemnification and hold-harmless provisions in the Valero-Kellogg contract applied. The trial court concluded that the contract’s indemnification provisions were enforceable and granted interlocutory summary judgment for Kellogg and…