Continental Insurance Co. v. Daily Express, Inc.

The appeal is from a trial court order denying the motion of the defendant, Daily Express, Inc., for summary judgment. The question posed on this appeal is whether the indemnification provision in the trip lease entered into between Daily Express, Inc., lessor, and Jerry Lipps, Inc., lessee, by which the lessor agrees “to reimburse and otherwise indemnify Lessee for any and all losses sustained by Lessee resulting1 from the use of the aforesaid equipment,” is unenforceable because it is against public policy, as expressed in the United States Code and the Interstate Commerce Commission…