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George Sollitt Corp. v. Howard Chapman Plumbing & Heating Inc.9/22/1992
--> (duty to defend is independent of duty to indemnify). The parties entered into the agreement before the effective date of the amendment to RCW 4.24.115. Thus, the indemnification clause of the subcontract is enforceable, and Chapman is liable for all costs of the injury resulting from the performance of the subcontract, including any liability apportioned to the State or to Sollitt.
Judgment reversed. Chapman has a duty to defend under the terms of the indemnity agreement.
Disposition
Holding that the subcontractor's duty to defend under the indemnification clause of the subcontract was enforceable, the court reverses the judgment and grants judgment in favor of the general contractor.
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