1 Elements and Case Citations
“A contract for indemnity is an agreement by which the promisor agrees to protect the promisee against loss or damages by reason of liability to a third party.” Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638, 643 (Fla. 1999). To allege a claim for contractual indemnity, a plaintiff must allege the elements of a breach of contract claim, and also allege (and prove) that:
- The party filing the claim cannot be at fault;
- The other party must be at fault.
Indemnification claims may be contractual or equitable in nature. See, e.g., Allstate Ins. Co. v. Metro. Dade Cty., 436 So.2d 976, 978 (Fla. 3d DCA 1983). “In cases involving contractual indemnity, the terms of the agreement will determine whether the indemnitor is obligated to reimburse the indemnitee for a particular claim.” Camp, Dresser, & Mckee, Inc. v. Paul N. Howard Co., 853 So.2d 1072, 1077 (Fla. 5th DCA 2003). “Certainly contracts purporting to indemnify a party against its own negligence will only be enforced if they clearly express such an intent and a general provision indemnifying the indemnitee “against any and all claims,” standing alone, is not sufficient. Id. (internal citations omitted).
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- The rest of the elements for this cause of action;
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- The defenses to this cause of action.