Mountain Fuel Supply Company, a Corporation, and Continental Casualty Company, a Corporation, Appellants (defendants…

Summary

The Wyoming Supreme Court reversed a summary declaratory judgment that had voided an indemnity agreement between Mountain Fuel Supply Company and Emerson Well Service in its entirety. The court held that Wyoming's anti-indemnity statute, § 30-28.3, W.S.1957, is constitutional against equal protection, special legislation, and freedom-of-contract challenges, and that the statute voids indemnity agreements only to the extent they indemnify the indemnitee for its own negligence, regardless of whether that negligence is active or passive. Because the agreement could still be enforced to indemnify Mountain Fuel for Emerson's own negligence, the court remanded for findings on the respective fault of the parties in the underlying wrongful-death action.