Lockheed Martin Corp. v. RFI Supply, Inc.

MEMORANDUM **

Third-party Plaintiff Rantec Power Systems (Rantec) appeals from the district court’s grant of summary judgment in favor of Third-party Defendants Factory Mutual Research Corporation (FMRC) and Factory Mutual Insurance Company (FMIC) on Rantee’s claims for negligence and equitable indemnity. Rantec’s claims stem from an accident in December 1996 during which more than 100 telescoping sprinkler assemblies (TSAs) manufactured by Rantec accidentally deployed into Lockheed Martin’s Long Compact Range anechoic chamber (LCR). Three of the TSAs broke, resulting in $1.7 million in water damage to Lockheed’s LCR. Lockheed sued Rantec, and the parties settled all claims with the exception of Rantec’s claims against FMRC and FMIC.

FMRC

The indemnity provision bars Rantec’s negligence and equitable indemnity claims against FMRC. Under the broadly worded provision, Rantec assumes responsibility for “the design, material, workmanship and operation” of its TSAs and agrees to hold FMRC harmless for “any claims and liability to [Rantec] or others for any kind or type of injury or damage ... caused by or in any way connected with any of the services rendered by FMRC, or arising out…