Commercial Union Assurance Co. v. Brown Co.

This is an appeal arising from a petition for declaratory judgment. The issue is whether an indemnity clause in a construction contract between the defendant Brown Company and the Paul A. Lawrence Company requires that Lawrence indemnify Brown Company for Brown’s acts of negligence. The Superior Court (Temple, J.) held that the indemnity clause did not apply. We disagree.

In April 1974, the Lawrence Company entered into a construction contract with the defendant for work to be performed on the defendant’s premises. The contract required the Lawrence Company to purchase and maintain specific…