Travelers Indem. Co. of Conn. v. Lessard Design, Inc.

T.S. Ellis, III, United States District Judge

At issue on a motion for judgment on the pleadings in this breach of contract and quantum meruit case is whether the contractual indemnification provision on which plaintiff's claim is based is invalid pursuant to Virginia Code § 11-4.1. Plaintiff, an insurance company, as subrogee, seeks recovery from defendant of litigation costs in connection with defendant's alleged contractual obligation to indemnify plaintiff's insured. Defendant argues, inter alia , that the contractual provision upon which plaintiff relies for its breach of contract claim…