Issue: What is the validity of an indemnity agreement under Kentucky law?
|Area of Law:||Business Organizations & Contracts, Personal Injury & Negligence|
|Keywords:||Common law right of indemnity; Negligent party|
|Cited Cases:||438 S.W.2d 788; 311 Ky. 396|
Under Kentucky law, a common law right of indemnity exists in favor of a passively or secondarily negligent party against the actively or primarily negligent party when the actively or primarily negligent party does an act or creates a hazard by which the other party, though not concurrently joining in the act, is thereby exposed to liability to a third party. Kentucky Utils. Co. v. Jackson County Rural Elec. Coop. Corp., 438 S.W.2d 788, 790 (Ky. Ct. App. 1969) (citing Brown Hotel Co. v. Pittsburgh Fuel Co., 311 Ky. 396, 224 S.W.2d 165 (Ct. App. 1949)).