Legal Opinion
Federal Insurance v. Walker
New York Court of Appeals
Decided May 14, 1981PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
In this case, we are asked to consider whether the terms of an indemnity agreement preclude the indemnitor from maintaining a third-party action in negligence against the indemnitee. Also presented for our consideration is the question whether an indemnitor is obligated to reimburse an indemnitee for losses occasioned by the indemnitee’s own failure to act within a reasonable time in order to mitigate damages. We conclude that both questions should be answered in the negative.
In 1970, Ms. Helen Walker acquired 1,140 shares in Union Camp Corporation. Although…
2Cases cited3 opinions
- Gross v. SweetNew York Court of Appeals · 1979
- Levine v. Shell Oil Co.New York Court of Appeals · 1971
- Hogeland v. SibleyNew York Court of Appeals · 1977
3Cited by8 opinions
- Sequa Corp. v. GelminDistrict Court, S.D. New York · 1994
- Four Seasons Environmental, Inc. v. Westfield CompaniesOhio Court of Appeals · 1994
- Blanc v. Windham Mountain Club, Inc.New York Supreme Court · 1982
- Fernandes v. MorganAppellate Division of the Supreme Court of the State of New York · 2012
- Federal Insurance v. WalkerNew York Court of Appeals · 1981
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