Ashley II of Charleston, L.L.C. v. PCS Nitrogen, Inc.
Supreme Court of South Carolina
1Opinion of the CourtJustice Kittredge
We certified the following question from the United States District Court for the District of South Carolina:
Does the rule that a contract of indemnity will not be construed to indemnify the indemnitee against losses resulting from its own negligent acts, unless such intention is *489expressed in clear and unequivocal terms, apply when the indemnitee seeks contractual indemnification for costs and expenses resulting in part from its own strict liability acts?
In the context of the underlying claim in federal court, we answer the certified question, “no.”
I
Central to this certified question is the…
2Cases cited9 opinions
- Burlington Northern & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 2009
- United States v. Monsanto Co.Court of Appeals for the Fourth Circuit · 1988
- Litgo New Jersey Inc. v. Commissioner New Jersey Department of Environmental ProtectionCourt of Appeals for the Third Circuit · 2013
- South Carolina Electric & Gas Co. v. Utilities Construction Co.Supreme Court of South Carolina · 1964
- Huckaby v. Confederate Motor Speedway, Inc.Supreme Court of South Carolina · 1981
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3Cited by1 opinion
- Concord & Cumberland Horizontal Prop. Regime v. Concord & Cumberland, LLCCourt of Appeals of South Carolina · 2018