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CHRYSLER CORP. v. MERRELL & GARAGUSO

No. 38,2001.

796 A.2d 648 (2002)

CHRYSLER CORPORATION, Defendant Third-Party Plaintiff Below, Appellant, v. MERRELL & GARAGUSO, INC., Third Party Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: April 30, 2002.

Attorney(s) appearing for the Case

Daniel F. Wolcott, Jr. (argued) and David E. Moore, Potter Anderson & Corroon, LLP, Wilmington, for Appellant.

Daniel P. Bennett, Heckler & Frabizzio, Wilmington, for Appellee.

Anthony G. Flynn and Timothy Jay Houseal, Young, Conaway, Stargatt & Taylor, LLP, Wilmington and Andrew B. Cohn, Kaplin Stewart Meloff Reiter & Stein, Blue Bell, Pennsylvania, for Amicus Curiae American Subcontractors Association.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER, and STEELE, Justices, constituting the Court En Banc.

WALSH, Justice:

In this appeal from the Superior Court, we address a question of first impression: Does the statutory restriction in 6 Del. C. § 2704, which precludes an owner from requiring a contracting party to indemnify against the indemnitee's own negligence, also invalidate the enforceability of liability insurance purchased for the benefit of the owner? The Superior Court ruled that the statute served to...

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