Atlantic Richfield Co. v. Petroleum Personnel, Inc.

SPEARS, Justice.

This case involves the application of the “express negligence test” to an indemnity contract between an owner and contractor.

Keith Cherniack sued Atlantic Richfield Company (ARCO), seeking damages for injuries he sustained while working on a platform owned by ARCO. ARCO then im-pleaded Cherniack’s employer, Petroleum Personnel, Inc. (PPI), alleging that ARCO was entitled to indemnity from PPI pursuant to a contract entered into between the two parties. This contract contained the following indemnity provision:

CONTRACTOR [PPI] agrees to hold harmless and unconditionally…