North American Royal Coal Co. v. Mountaineer Developers, Inc.

Harshbarger, Justice:

Chieftain Coal Company operated a strip mine on Galloway Land Company property in Harrison County, West Virginia and was obligated by its contract to obtain at its cost all bonds, insurance and strip mining permits; to backfill, regrade and recondition the mined premises; and to indemnify and save Galloway harmless “from all liability including its backfilling operations or its failure to do proper backfilling.’'

On March 2, 1971, Chieftain assigned the contract to Mountaineer Developers, Inc., by an agreement that contained these material provisions:

That they…