Town of Fairfield v. D'Addario

149 Conn. 358 · Supreme Court of Connecticut · 1962

Facts

The town of Fairfield contracted with D’Addario for sewerage construction, including an indemnity clause. Edmund Kant sued the town for personal injuries sustained on a defective highway in the construction area. The town failed to notify D’Addario of Kant's lawsuit for over three years, then settled with Kant and sought indemnification from D'Addario.

Issue

Was the town required to give D’Addario notice of Kant's action under the indemnity contract, and if so, was the three-year delay in providing notice timely and reasonable?

Holding

Yes, the town was required to give notice, and the three-year delay rendered the notice untimely and unreasonable, thereby relieving D’Addario of his obligation to defend and indemnify.

Rule

An indemnity contract, even without an explicit notice clause, implies a condition of reasonable notice to the indemnitor, particularly when the indemnitor has an obligation to defend. Failure to provide timely notice that prejudices the indemnitor relieves them of their contractual duties.

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