Weaver v. American Oil Co., 1268A206

Citation262 N.E.2d 663
Decision Date13 October 1970
Docket NumberNo. 1268A206,No. 1,1268A206,1
PartiesHoward WEAVER, Appellant, v. AMERICAN OIL COMPANY and Homer Hoffer, Appellees
CourtCourt of Appeals of Indiana

Cooper, J., and Lybrook, J., did not participate.

Byron C. Kennedy, Herbert H. Bent, Warsaw, for appellant.

Arthur A. May, Crumpacker, May, Levy & Searer, South Bend, for appellees.

OPINION ON PETITION FOR REHEARING

SULLIVAN, Judge.

Appellees, American Oil Company and Homer Hoffer have filed their amended petition for rehearing which alleges in part that our opinion and decision heretofore rendered in this cause on August 13, 1970, 261 N.E.2d 99, is in error, '(i)n reversing the judgment of the trial court and remanding said cause to the trial court with instructions to enter judgment for defendant-Appellant' for the reason that:

'* * * under numberical paragraph 3 of said lease it was the obligation and duty of Appellant, Howard Weaver, to indemnify and hold harmless American Oil Company from all claims, demands, liability, suits or actions, including all reasonable expenses and attorneys fees incurred by American Oil Company as a result of the claim and lawsuit brought by Donald Miller, the third party, as a result of injuries allegedly suffered and sustained on the 27th day of April, 1962 while on the leased premises.'

It is appellees' contention in this regard that such instructions upon remand have the effect of voiding the duties and obligations of appellant Howard Weaver with respect to the indemnification of American Oil Company for the claims of Donald Miller.

We concede that the concluding paragraph of the opinion heretofore entered August 13, 1970, which instructs the trial court to enter judgment for defendant-appellant Howard Weaver might be misinterpreted or deemed broader than our holding in the cause. That it was not intended by this court to absolve Weaver of the obligation to defend, indemnify and reimburse American Oil Company for the liability, if any, of American Oil to Miller can be clearly seen, however, from the following portions of our earlier opinion upon the merits:

'* * * Since the rights here considered are those of the contracting parties and not those of a third party, we are concerned only with the exculpatory aspects of the hold harmless clause, which, if enforceable, deprives Weaver of any right to recover for damages suffered because of negligent acts of American Oil.

'An indemnity clause imposes no...

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3 cases
  • Weaver v. American Oil Co.
    • United States
    • Supreme Court of Indiana
    • December 3, 1971
    ...as a result of its negligence. The appellate court held the exculpatory clause invalid, 261 N.E.2d 99, but the indemnifying clause valid, 262 N.E.2d 663. In our opinion, both these provisions must be read together since one may be used to effectuate the result obtained through the other. We......
  • W. Bend Mut. Ins. Co. v. Macdougall Pierce Constr., Inc.
    • United States
    • Court of Appeals of Indiana
    • August 8, 2014
    ...Contract and the Subcontract, in Weaver v. American Oil Co., 261 N.E.2d 99, 102–03 (Ind.Ct.App.1970), modified by Weaver v. American Oil Co., 262 N.E.2d 663 (Ind.Ct.App.1970), superseded by Weaver v. American Oil Co., 257 Ind. 458, 276 N.E.2d 144 (1971), a panel of this court explained the ......
  • W. Bend Mut. Ins. Co. v. Macdougall Pierce Constr., Inc., 06A01-1304-CT-162
    • United States
    • Court of Appeals of Indiana
    • June 10, 2014
    ...and the Subcontract, in Weaver v. American Oil Co., 261 N.E.2d 99, 102-03 (Ind. Ct. App. 1970), modified by Weaver v. American Oil Co., 262 N.E.2d 663 (Ind. Ct. App. 1970), superseded by Weaver v. American Oil Co., 257 Ind. 458 (1971), a panel of this court explained the distinction between......

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