Insurance Co. of North America v. Dayton Tool & Die Works, Inc.

The majority’s conclusion that exclusion of “any obligation of the insured to indemnify another because of damages arising out of * * * [bodily] injury [to an employee of the insured]” does not exclude an obligation by way of contribution for such an injury rests on three premises: (1) contribution differs from indemnification (at pp 497-498); (2) the exclusion was not written with specific reference to contribution (at p 498); and (3) “indemnify” is ambiguous because it encompasses the concept of “insure” (at p 499). Although I agree with the first *500premise as an abstract proposition of law,…