Carmen Mantilla and Pascual Mantilla, Plaintiffs v. Nc Mall Associates, Incorrectly Designated as Simon and…

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that absent unequivocal contractual language, an indemnitor may not be required to pay the indemnified party's legal defense costs when the indemnified party is found partially at fault. The court also rejected the use of insurance law principles to impose a duty to defend.