Pennsylvania National Mutual Casualty Insurance v. Associated Scaffolders & Equipment Co.

ELMORE, Judge.

The factual background of this case is summarized in the companion case Jackson v. Associated Scaffolders et al, 152 N.C. App. 687, 568 S.E.2d 666 (2002) (the Jackson case).

In the rental contract between Associated Scaffolders and Equipment Company, Inc. (Associated) and defendant (Comfort), Associated included a provision intended to secure indemnification from Comfort in case of any negligence or equipment failure, excepting only willful misconduct. The relevant provision states:

INDEMNIFICATION: LESSEE SHALL INDEMNIFY AND DEFEND LESSOR AGAINST AND HOLD LESSOR HARMLESS FROM ANY…