California Court of Appeal

In a contract indemnity action, arising from a wrongful death action, trial court's judgment of dismissal entered in favor of the defendants is reversed and remanded as, an assignee of contract indemnification rights stands in the shoes of the indemnitee, and thus, if the indemnitor refuses to pay an indemnitee's defense costs, the indemnitee, and in turn the assigee, cna pay the costs and seek reimbursement from the indemnitor. Here, the plaintiff, as KM's assignee, was entitled under the indemnity agreement to recover defense costs it paid on KM's behalf.

Appellate Information

• Decided 01/21/2011
• Published 01/21/2011

Judges

• Hollenhorst

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• William O. Martin, Jr., Candace L. Matson