Freund v. Utah Power & Light Co.

HOWE, Associate Chief Justice:

The United States Court of Appeals for the Tenth Circuit, pursuant to rule 41 of the Rules of the Utah Supreme Court, has certified to us the following questions of Utah law: (1) whether the exclusive remedy provision of the Utah Workers’ Compensation Act, Utah Code Ann. § 35-1-60, bars a claim by a third party that a statutory employer impliedly agreed to indemnify the third party against claims for injuries sustained by an employee; (2) whether, under Utah law, the indemnification provision of paragraph 21 of the “Facilities Attachment Agreement” is a…