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Daimlerchrysler Corp. v. G-Tech Professional Staffing11/13/2003
ave been driving the DCC Jeep but for working for DCC at its TAP engineering department. The parties also do not dispute that the contract at issue provides that G-Tech "shall assume all risk of . . . bodily injury . . . in connection with the work, and . . . bodily injury . . . wherever located, resulting from or arising out of any action, omission or operation under the contract or in connection with the work." Further, the contract requires G-Tech to indemnify DCC "from and against any and all . . . claims, or legal actions . . . arising out of the bodily injury . . . arising out of or related to the performance of any work in connection with this contract . . .."
The plain language of the indemnity clause does not require that personal injury occur while work is being performed. It only requires that the personal injury arise out of, or be related to, the performance of any work in connection with the contract. The trial court correctly concluded that the contract language is expansive. The word "related" ordinarily means being "associated" or "connected." See Random House Webster's College Dictionary (1992), p 1136. Likewise, "connection," in the context clearly employed here, plainly means "logical association or development . . . to make a connection between two events. " Id . at 288. The undisputed facts of this case show a logical association connecting the contract, and Smith's work under the contract, to the accident. The trial court correctly found that connection: G-Tech supplied Smith to DCC under the contract and Smith had use of the DCC Jeep he was driving at the time of the accident through his work at DCC.
Defendant's position is not enhanced by the principle that a contract must be construed against the drafter. "An indemnity contract is construed in the same fashion as are contracts generally." Zurich, supra at 603. An unambiguous indemnity contract will be enforced according to its 1terms. Hubbell, supra at 293. Here, the parties specifically agreed that the contract should not be construed against its drafter, and the parties may agree to any terms they wish that are not otherwise prohibited by law. Quality Products & Concepts Co v Nagel Precision, Inc, 469 Mich 362, 370; 666 NW2d 251 (2003). Moreover, the principle of construing an indemnity contract against the drafter, like any other contract, only applies where (1) an ambiguity exists and (2) all other means of construing the ambiguity have been exhausted. See Klapp , supra at 470-474. Thus, the rule does not apply to this case. Rather, the unambiguous language of the contract requires G-Tech to indemnify DCC for any personal injury "arising out of or related to the performance of any work in connection with this contract." The undisputed facts establish a logical link between the contract, and the work under the contract, and the personal injury .
We affirm.
Michael R. Smolenski, Jane E. Markey, Kurtis T. Wilder.
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