Pacific Automobile Insurance Co. v. Lang

In this action for declaratory relief, an employer-lessee appeals from a judgment which denied it indemnification from an employee-lessor for damages granted a customer for an intentional tort inflicted by the employee on the customer in the course of his employment, and which ordered it to indemnify and save harmless the employee-lessor. The employer contends that it was only vicariously liable for the act of the employee, and therefore was entitled to indemnity from him; that no exculpation of the employees duty to indemnify the employer can be found in a fair construction of the parties written contract; that the trial courts construction of the contract to require indemnification against wilful personal liability was against both the evidence and the law; and that there is no evidence of any other agreement or circumstances that could obligate the employer to indemnify the employee against his liability for the wilful personal injury.