Decisions of Interest
Wrongful Death/Indemnification
Estate of Plaintiff filed a wrongful death action arising out of a work related accident against private and public entities. The court granted our motion for summary judgment against decedent’s employer, ordering the employer to pay our client’s legal fees. The court agreed with our argument that the indemnification clause satisfied New Jersey’s “Bright Line Test,” which requires that an indemnification clause clearly and unequivocally state that indemnitor (decedent’s employer) agreed to indemnify the indemnitee (our client) for indemnitee’s own negligence. The Court in Azurak sets forth the Bright Line Test, which states “[f]inally, in order to allay even the slightest doubt on the issue of what is required to bring a negligent indemnitee within an indemnification agreement, we reiterate that the agreement must specifically reference the negligence or fault of the indemnitee. Azurak v. Corporate Property (2003). The court also agreed with our position that our client was entitled to coverage under the Commercial General Liability Policy procured by the decedent’s employer, granting our motion for summary judgment in that regard.