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ARTICLE · 07 JUNE 2019

Centex Homes v. R-Help Construction Company, Inc.

The trial court denied such motion and held that the issue of indemnity should be submitted to the jury.

United StatesInsurance

In Centex Homes v. R-Help Const. Co., Inc., 32 Cal.App.5th 1230 (March 11, 2019), the California Court of Appeal reversed the trial court's entry of judgment in favor of R-Help Construction Co., Inc. in connection with a Cross-Complaint for express contractual indemnity and failure to secure insurance filed by Centex Homes. The parties' dispute arose out of an underlying personal injury lawsuit alleging that plaintiff sustained injury when he fell into a utility box allegedly installed by subcontractor, R-Help Construction Company, Inc. ("R-Help"). Centex had contracted with R-Help to install junction boxes at a property development. However, R-Help contended that the junction box in question was not installed by it. As such, it was not liable to the plaintiff and was not obligated to indemnify Centex for any settlement or judgment entered against Centex. Ultimately, Centex settled the underlying plaintiff's claim for personal injury and demanded that R-Help indemnify

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