United States Elevator Corp. v. Pacific Investment Co.
Opinion
Opinion
Vogel, J.
This action upon an indemnity contract was tried by the court upon agreed facts. The court found that appellant United States Elevator Corporation (Elevator) is not entitled to indemnity from respondent Pacific Investment Company (Pacific) for Elevator’s costs of defending a third party lawsuit. We reverse.
Background
Pacific owned a building in Pacific Palisades. Pacific contracted with Elevator to service Pacific’s elevator for $75 a month. The service contract had the following indemnity clause, which was drafted by Elevator: “[Pacific] will indemnify [Elevator] against all claims, demands, and liability for damages for death or bodily injury to persons . . . arising out of or connected with the use, installation or maintenance of the elevator.”
While in Pacific’s building as a business invitee, Earla Hanold tripped and fell as she entered the elevator, which was below level when the doors opened. Hanold sued Pacific, Elevator, and the manufacturer of the elevator.
Elevator tendered the defense to Pacific, which Pacific refused. Subsequently, however, Pacific settled Hanold’s lawsuit for $100,000; Hanold dismissed her lawsuit, with prejudice, as to all defendants…