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A party making a cross-claim for indemnification alleges that, should the first party be found liable for the initial claim/counterclaim, then the party against whom the cross-claim is made is liable to reimburse the cross-claiming party for some or all of the damages. cross-claim | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? cross-claim cornell.edu ? wex ? cross-claim
Cross-complaint A defendant can sue the plaintiff back, or even sue another defendant in the case. If there's someone else who is not part of the case they think is responsible, they can sue them as well and have them be part of the case. This is called filing a cross-complaint.
An Example Of Indemnity Cross-Claims In Action If a grocery store is named in a premises liability action in which the plaintiff was injured when they slipped on the floor, it may come to light that the store contracts with a janitorial company that polishes the floor. Cross Claim for Indemnification | Premise Liability Lawyer katemoorelaw.com ? what-is-an-indemnity-cross-c... katemoorelaw.com ? what-is-an-indemnity-cross-c...
The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. For example, if a plaintiff-pedestrian sues a defendant-owner-of-the-car and defendant-driver for a car accident, the defendant-owner can file a cross-complaint against the defendant-driver. cross-complaint | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? cross-complaint cornell.edu ? wex ? cross-complaint
The terms contribution and indemnity are often used interchangeably, but contribution ?distributes the loss among the tortfeasors by requiring each to pay his proportionate share? where indemnity ?shifts the entire loss from one tortfeasor who has been compelled to pay it to the shoulders of another who should bear it ... Equitable remedies of contribution and indemnity mobar.org ? understanding-the-equitable-re... mobar.org ? understanding-the-equitable-re...