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ASHLEY II OF CHARLESTON v. PCS NITROGEN

No. 27420.

409 S.C. 487 (2014)

763 S.E.2d 19

ASHLEY II OF CHARLESTON, L.L.C., Plaintiff, v. PCS NITROGEN, INC., Defendant-Third-Party Plaintiff, v. Ross Development Corporation; Koninklijke DSM N.V.; DSM Chemicals of North America, Inc; James H. Holcombe; J. Holcombe Enterprises, L.P.; J. Henry Fair, Jr.; Allwaste Tank Cleaning, Inc.; Robin Hood Container Express; and the City of Charleston, Third-Party Defendants.

Supreme Court of South Carolina.

Decided July 23, 2014.

Rehearing Denied September 25, 2014.

Attorney(s) appearing for the Case

Wm. Howell Morrison , of Haynsworth Sinkler Boyd, P.A., of Charleston, John B. Williams , of Cozen O'Connor, of Washington, D.C.; and Sandra Kaczmarczyk , of Alton Associates PLLC, of Washington, D.C., for Defendant/Third-Party Plaintiff.

G. Trenholm Walker , and Daniel S. "Chip" McQueeney, Jr. , both of Pratt-Thomas Walker, P.A., of Charleston; and T. McRoy Shelley, III , of Rogers Townsend & Thomas, PC, of Columbia, for Third-Party Defendant.

Justice KITTREDGE.

We certified the following question from the United States District Court for the District of South Carolina:

Does the rule that a contract of indemnity will not be construed to indemnify the indemnitee against losses resulting from its own negligent acts, unless such intention is expressed in clear and unequivocal terms, apply when the indemnitee seeks contractual indemnification for costs and...

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