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Litigation

Aug. 6, 2010

Should Equitable Indemnity Apply Against Negligent Misrepresentation Claims?

When faced with a claim of negligent misrepresentation, courts have not yet addressed whether equitable indemnity applies to joint tortfeasors, by Sean Ponist of Peterson, Martin & Reynolds.

By Sean Ponist

The law is clear that a party is entitled to seek equitable indemnity where negligence claims are alleged. Similarly, the law is clear that a party is not entitled to indemnity against fraud, intentional torts and other torts for which the application of indemnity would violate public policy. But the law is much less clear as to a party's right to indemnity for negligent misrepresentation, a cause of action that straddles the line betwe...

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