Plaintiff pursues unusual indemnification claim

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 3, 2021 12:30 PM

The implied indemnification claim that Cretex Cos. pursued against Precast Engineering under Illinois law was unusual because the link between Cretex and Precast ran indirectly through a performance bond that a Cretex subsidiary purchased to cover Precast’s work on a multilevel parking facility that allegedly had construction defects. But assuming Cretex’s allegations are true, U.S. District Judge Edmond E. Chang concluded that the complaint adequately alleged both requirements for implied indemnity — a pre-tort …

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