Causes of Action: Indemnity

 “[B]oth indemnity and contribution depend upon liability by one or both parties to the original claimant who suffered the original loss. Without such liability, there is no independent right to indemnity or contribution.” ARA Services, Inc. v. Pineville Community Hosp., 2 S.W.3d 104, 107 (Ky. App. 1999). Because KEMI cannot be held liable to Peabody, it does not have an independent right to indemnity; thus, its cross-claim for indemnification was properly dismissed. 

From Peabody Painting v. Kentucky Employers Mutal Ins. Co., a workers compensation decision.

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.