§ 1.7.7.1 EXPRESS CONTRACT.

• Jurisdiction: Arizona

§ 1.7.7.1 Express Contract. The first common law path to indemnification is by way of an express contract.⁷⁷ The duty to indemnify is determined from the contract in accordance with rules of construction applicable to all contracts, including that, when the meaning of the contract is ambiguous or uncertain, it will be construed against the drafter.⁷⁸ A contract right of indemnification against liability accrues once liability for a cause of action is established; a contract right of indemnification against loss or damage accrues when the indemnitee has actually paid the obligation for which he was found liable.⁷⁹ An indemnification against loss encompasses loss incurred through...