J.S. Alberici Construction Co. v. Mid-West Conveyor Co.

WALSH, Justice:

This is an interlocutory appeal from a Superior Court ruling in a personal injury action. The court held, inter 'alia, that a subcontractor/defendant has a duty to defend a contractor/co-defendant under an indemnification agreement for the contractor’s own negligence. In so holding, the Superior Court rejected the subcontractor’s contention that the agreement should be interpreted under Delaware rather than Kansas law.

We conclude that the Superior Court’s decision to interpret the indemnification agreement under Kansas law was in error because that State’s law permitting…