Does a good faith settlement absolve a defendant from a subsequent indemnification claim?

California, United States of America


The following excerpt is from Bay Development, Ltd. v. Superior Court, 269 Cal.Rptr. 720, 50 Cal.3d 1012 (Cal. 1990):

A trial court's decision that a settlement was made in good faith, however, does not absolve a settling defendant from a subsequent indemnification claim in all circumstances. For example, when the settling defendant has previously entered into a contractual agreement to indemnify a nonsettling defendant, a settlement--even if in good faith--does not relieve the settling defendant from performing the contractual indemnification obligations. (See C.L. Peck Contractors v. Superior Court (1984) 159 Cal.App.3d 828, 834, 205 Cal.Rptr. 754.)

Other Questions


Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Does Deputy Public Defender Young have any evidence to support a defendant's claim that he was not negotiating in good faith with the District Attorney? (California, United States of America)
Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)
Can a Defendant assert all defenses and counterclaims that would be available to the Defendant in a claim against the Owner of the Claim? (California, United States of America)
Is there any case law in which a defendant is successful in his claim that the Defendant failed to properly evaluate the Defendant's evidence? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
How have courts treated "good faith" claims in the context of a claim that was asserted in good faith? (California, United States of America)
Can a Defendant assert all defenses and counterclaims that would be available to the Defendant in a claim against the Owner of the Claim? (California, United States of America)
What is the effect of a "good faith" settlement that reduces a plaintiff's claim against a defendant who is not liable for the same tort? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.