Foreman v. Exxon Corp.
United States Court of Appeals for the Fifth Circuit
770 F.2d 490 (5th Cir. 1985)
Exxon (defendant) hired Diamond (defendant) and Offshore (defendant) to work on its Gulf platform; Offshore agreed to indemnify Exxon for injury claims resulting from Offshore's negligence, and separately Exxon agreed to indemnify Diamond for relevant claims. Randy Foreman (plaintiff), an Offshore employee, was injured on a Diamond-owned drilling rig and sued Exxon and Diamond; Diamond cross-claimed against Exxon for indemnification, and Exxon in turn sought indemnification from Offshore. The jury apportioned negligence Exxon 10%, Diamond 55%, and Offshore 35%; the district court required Offshore to indemnify Exxon for Exxon's own direct liability to Foreman, but held Offshore did not have to indemnify Exxon for what Exxon separately owed to indemnify Diamond, and both Offshore and Exxon appealed.
Whether an indemnification clause indemnifying a party from claims for injury to persons also indemnifies that party from indemnification liability owed to a third party.