1 Elements and Case Citations
To establish a claim for common law indemnity, the plaintiff must allege:
1) that they are wholly without fault;
2) that the party from whom they are seeking indemnity is at fault; and
3) that they are liable to the injured party only because they are vicariously, constructively, derivatively, or technically liable for the wrongful acts of the party from whom they are seeking indemnity.
Fla. Farm Bureau Gen. Ins. Co. v. Ins. Co. of N. Am., 763 So.2d 429, 425 (Fla. 5th DCA 2000).
The parties must also share a special relationship. E.g., C.B. Contractors, LLC v. Allens Steel Prod., Inc., 261 So.3d 711, 713 (Fla. 5th DCA 2018).
Subscribers To The Florida Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.