Legal Memorandum: Validity of an Indemnity Agreement in KY

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
Jurisdiction: Kentucky
Cited Cases: 438 S.W.2d 788; 311 Ky. 396
Cited Statutes: None
Date: 05/01/2000

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)). 


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