Cited by
Opinions in Louisiana that cite State ex rel. Department of Highways v. Terral, 207 So. 2d 540.
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Amaleeta O'neal v. Foremost Insurance Company
La. Ct. App. 3d Cir. 2019
936, (1968), wherein the appellate court surveyed the case law and noted the majority and minority view on this issue: The general rule is stated thus: ‘A contract of indemnity will not be construed to indemnify the indemnitee against losses resulting to him through his own negligent acts, whe
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O'Neal v. Foremost Ins. Co.
265 So. 3d 846
La. Ct. App. 1st Cir. 2019
936 , (1968), wherein the appellate court surveyed the case law and noted the majority and minority view on this issue: The general rule is stated thus: 'A contract of indemnity will not be construed to indemnify the indemnitee against losses resulting to him through his own negligent acts, where such intention is not expre
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Barnett v. American Construction Hoist, Inc.
91 So. 3d 345
La. Ct. App. 1st Cir. 2012
936 , (1968): “[Gjeneral words alone, i.e., ‘any and all liability’, do not necessarily import an intent to impose an obligation so extraordinary and harsh as to render an indemnitor liable to an indemnitee for damages occasioned by the sole negligence of the latter.” Conversely, under Kentucky law, a contract provision req
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Dean v. Griffin Crane & Steel, Inc.
935 So. 2d 186
La. Ct. App. 1st Cir. 2006
936 , (1968): "[G]eneral words alone, i.e., `any and all liability', do not necessarily import an intent to impose an obligation so extraordinary and harsh as to render an indemnitor liable to an indemnitee for *191 damages occasioned by the sole negligence of the latter."
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Cenac v. Public Access Water Rights Ass'n
835 So. 2d 560
La. Ct. App. 1st Cir. 2002
937 , (1968) (concerning tacit dedication and stating that assent can be established by silence).
- Berry v. Orleans Parish School Bd. 830 So. 2d 283 La. 2002
- Home Ins. Co. v. National Tea Co. 588 So. 2d 361 La. 1991
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Soverign Ins. Co. v. Texas Pipeline Co.
470 So. 2d 969
La. Ct. App. 1st Cir. 1985
936 , (1968), as follows: The general rule is stated thus: `A contract of indemnity will not be construed to indemnify the indemnitee against losses resulting to him through his own negligent acts, where such intention is not expressed in unequivocal terms.
- Beard v. Beauregard Parish Police Jury 378 So. 2d 625 La. Ct. App. 1st Cir. 1979
- Vaughn v. Williams 345 So. 2d 1195 La. Ct. App. 2d Cir. 1977
- Lee v. Allied Chemical Corporation 331 So. 2d 608 La. Ct. App. 1st Cir. 1976
- Strickland v. Stafford 322 So. 2d 893 La. Ct. App. 1st Cir. 1975
- Jackson v. Town of Logansport 322 So. 2d 281 La. Ct. App. 2d Cir. 1975
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Jayco Sales and Service, Inc. v. Smith
303 So. 2d 554
La. Ct. App. 1st Cir. 1974
936 , (1968); Elephant, Inc. v. Hartford Accident & Indemnity Company, (La.App.
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Distinguished
Town of Sorrento v. Templet
255 So. 2d 246
La. Ct. App. 1st Cir. 1971
937 , , but it is readily apparent that the cases are distinguishable on their facts.
- State ex rel. Department of Highways v. Baudy 252 So. 2d 553 La. Ct. App. 1st Cir. 1971