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Legal Alert: Contractual Indemnity Provisions Must Expressly Provide for Indemnity in Contributory Negligence Circumstances
In late 2010, the Nevada Supreme Court held that a Type I indemnity provision (obligating an indemnitor to indemnify and defend an indemnitee for the indemnitee's own negligence) must expressly or explicitly state that it does so. A general reference to "any and all claims" will not be sufficient to encompass the sole negligence of an indemnitee under Nevada law. Now the Nevada Supreme Court has extended this "expressly or explicitly provided" test to Type II indemnity provisions, i.e., those indemnity provisions allowing for complete indemnification of the indemnitee, even in the circumstance of contributory negligence of the indemnitee.
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Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 17 locations throughout the United States and in Mexico, including Los Angeles, Orange County, Palo Alto and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
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