Delaware Business Litigation Report

Superior Court Limits Contractual Indemnification To Third Party Claims

Deere & Company v. Exelon Generation Acquisitions LLC, C.A. N13C-07-330 MMJ CCLD (November 22, 2016)

This decision holds that a general obligation to indemnify another party to a contract applies only to claims filed by a third party and not to claims between the parties to the contract itself. Hence, if you want to cover inter-party claims, you need to say so explicitly.

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