What is the difference between an indemnity claim and a government tort claim?

California, United States of America


The following excerpt is from Children's Hospital v. Sedgwick, 45 Cal.App.4th 1780, 53 Cal.Rptr.2d 725 (Cal. App. 1996):

3 For certain procedural purposes, an indemnity claim is an independent action. (Western Steamship, supra, 8 Cal.4th 100, 114-115, 32 Cal.Rptr.2d 263, 876 P.2d 1062; People ex rel. Dept. of Transportation v. Superior Court (1980) 26 Cal.3d 744, 752, 163 Cal.Rptr. 585, 608 P.2d 673 [plaintiff's failure to file government tort claim does not preclude defendant's equitable indemnity action against the state].) This appeal concerns a matter of substantive, not procedural, law. (Western Steamship, supra, 8 Cal.4th 100, 114-115, 32 Cal.Rptr.2d 263, 876 P.2d 1062.)

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