Chrysler Corp. v. Merrell & Garaguso, Inc.

WALSH, Justice:

In this appeal from the Superior Court, we address a question of first impression: Does the statutory restriction in 6 Del. C. § 2704, which precludes an owner from requiring a contracting party to indemnify against the indemnitee’s own negligence, also invalidate the enforceability of Lability insurance purchased for the benefit of the owner? The Superior Court ruled that the statute served to invalidate a contractual provision requiring the purchase of insurance naming the owner as an insured. While we agree that the requirement to purchase insurance may, under certain…