United States Elevator Corp. v. Pacific Investment Co.

Opinion

VOGEL (C. S.), J.

This action upon an indemnity contract was tried by the court upon agreed facts. The court found that appellant United States Elevator Corporation (Elevator) is not entitled to indemnity from respondent Pacific Investment Company (Pacific) for Elevator’s costs of defending a third party lawsuit. We reverse.

Background

Pacific owned a building in Pacific Palisades. Pacific contracted with Elevator to service Pacific’s elevator for $75 a month. The service contract had the following indemnity clause, which was drafted by Elevator: “[Pacific] will indemnify [Elevator]…