Legal Opinion

Flood Control District v. Paloma Investment Ltd. Partnership

Court of Appeals of Arizona

Decided May 31, 2012No. 1 CA-CV 10-0106PublishedCited by 10 opinions

1Opinion of the Court

*34OPINION

KESSLER, Judge.

¶ 1 This appeal relates to the obligation of the Flood Control District of Maricopa County (“District”) to indemnify owners of the Gillespie Dam (“Dam Owners”) for a settlement the Dam Owners entered into with farmers injured by a 1993 breach of the Dam (“Farmers”). We hold, inter alia, that: (1) An agreement by which the District agreed to indemnify the Dam Owners against “all liability” covers all liability, including liability subject to a covenant not to execute between the Dam Owners and the Farmers; (2) The Dam Owners’ indemnity claim was not barred by Arizona’s…

2Cases cited59 opinions

  1. Wade v. Emcasco InsuranceCourt of Appeals for the Tenth Circuit · 2007
  2. Schweiger v. China Doll Restaurant, Inc.Court of Appeals of Arizona · 1983
  3. Levine v. Shell Oil Co.New York Court of Appeals · 1971
  4. United Services Automobile Ass'n v. MorrisArizona Supreme Court · 1987
  5. Damron v. SledgeArizona Supreme Court · 1969

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3Cited by10 opinions

  1. Dabrowski v. BartlettCourt of Appeals of Arizona · 2019
  2. Flood Control District v. Paloma Investment Ltd. PartnershipCourt of Appeals of Arizona · 2015
  3. Marisol Metzler v. Bci Coca-Cola Bottling Co. of Los AngelesCourt of Appeals of Arizona · 2013
  4. Encon Arizona LLC v. Kiewit Infrastructure West Company, et al.District Court, D. Arizona · 2026
  5. Gunderson v. D.R. Horton, Inc.Nevada Supreme Court · 2014

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