The applicant pool manufacturer sought a declaration that the respondent dealer was required to defend it against third party claims pursuant to a hold harmless and indemnity provision in their dealership agreement.
The third party claims sought contribution and indemnity from the applicant for its own alleged negligence in overseeing a pool installation.
The court dismissed the application, finding that the indemnity provision only applied to claims arising out of the respondent's negligence, and did not require the respondent to defend the applicant against allegations of the applicant's own negligence under the Negligence Act.
