Indemnity—The SCOTX Report

24-0525·Other

S&B Engineers & Constructors, Ltd. v. Scallon Controls, Inc.

indemnity insurance

A proportional-indemnity clause can allow settling defendants to recover from a non-settling subcontractor its share of the settlement; the 1987 rule that a settling defendant has no contribution right (Beech Aircraft v. Jinkins) does not bar contractual indemnity.
The Court reversed the summary judgment for Scallon Controls and remanded, over a four-Justice dissent.

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24-0973·Petition For Review

BNSF Ry. Co. v. Deacero

Is an indemnity term in an online rule book incorporated by reference into a shipping contract "conspicuous" under Dresser when the term is textually conspicuous within the rule book, or must something on the face of the contract itself draw attention to it?
If the term is inconspicuous, should the Court revisit Dresser's conspicuousness requirement for contracts between sophisticated commercial parties?

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26-0118·Petition For Review

Blanchard Ref. Co. v. Indus. Specialists, LLC

indemnity contract interpretation

Without argument, the Court vacated a judgment holding a refinery's "except to the extent" indemnity clause unenforceable under the express negligence rule, and remanded for the court of appeals to apply the Court's later decision in S&B Engineers v. Scallon Controls.
The Court expressed no view on whether the clause satisfies the express negligence rule or on the other indemnity questions the parties raised.

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