Section 3.10 Section 537.060, RSMo, and Indemnity

LibrarySettling Cases 2014

Under § 537.060, RSMo 2000, a partial settlement has the effect of discharging the settling tortfeasor “from all liability for contribution or noncontractual indemnity to any other tort-feasor.” Noncontractual indemnity is defined as “indemnity between joint tort-feasors culpably negligent, having no legal relationship to each other and does not include indemnity which comes about by reason of contract, or by reason of vicarious liability.” Id.

Form does not trump substance. If a claim is for noncontractual...

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