Legal Opinion

A Tumbling-T Ranches v. Flood Control District

Court of Appeals of Arizona

Decided November 28, 2008No. 1 CA-CV 07-0760PublishedCited by 14 opinions

1Opinion of the Court

OPINION

BARKER, Judge.

¶ 1 The principal question presented to us in this matter is whether a Damron/Morris agreement 1 may be entered into based on an indemnity and hold-harmless agreement contained within a property easement as contrasted with an insurance contract. For the reasons that follow, we hold that it may, but that the liability of the indemnitor for amounts found to be reasonable will depend on the construction of the indemnity agreement at issue.

I

A

¶ 2 This case involves damages alleged from the failure of the Gillespie Dam on January 9, 1993. The Gillespie Dam is located on the…

2Cases cited22 opinions

  1. Rawlings v. ApodacaArizona Supreme Court · 1986
  2. Darner Motor Sales, Inc. v. Universal Underwriters InsuranceArizona Supreme Court · 1984
  3. Noble v. National American Life InsuranceArizona Supreme Court · 1981
  4. Taylor v. State Farm Mutual Automobile InsuranceArizona Supreme Court · 1993
  5. State v. GuerraArizona Supreme Court · 1989

17 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. DeMarco v. Travelers Insurance Co.Supreme Court of Rhode Island · 2011
  2. A Tumbling-T Ranches v. Flood Control DistrictCourt of Appeals of Arizona · 2009
  3. Aztar Corp. v. U.S. Fire InsuranceCourt of Appeals of Arizona · 2010
  4. Colorado Casualty Insurance v. Safety Control Co.Court of Appeals of Arizona · 2012
  5. Sandretto v. Payson Healthcare Management, Inc.Court of Appeals of Arizona · 2014

9 more not listed; retrieve them via the Exa API.

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