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.

Read the full alert.