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• Title: Allison v. Shell Oil Co.
• Author : Supreme Court of Illinois
• Release Date : January 20, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This case presents for decision a question previously left unanswered by this court in Simmons v. Union Electric Co. (1984), 104 Ill.2d 444, 454, and Heinrich v. Peabody International Corp. (1984), 99 Ill.2d 344: whether implied indemnity remains a viable theory for shifting the costs of tortious conduct among jointly liable tortfeasors following adoption of An Act in relation to contribution among joint tortfeasors (the Act) (Ill. Rev. Stat. 1985, ch. 70, par. 301 et seq.). We note at the outset, however, that the claims for indemnification in this case are not premised upon an underlying action regarding a defective product or the would-be indemnitees' vicarious liability for the conduct of their indemnitor (see Lowe v. Norfolk & Western Ry. Co. (1984), 124 Ill. App.3d 80, 97), and we express no opinion on the continued vitality of implied indemnity in those cases. Neither does our opinion in this case affect the validity of explicit undertakings among two or more parties to shift from one party to another the ultimate cost of liability which may arise in favor of a third party. In August 1979, defendant and third-party plaintiff Shell Oil Company (Shell) contracted with third-party defendant Strange & Coleman, Inc. (Strange & Coleman), for the latter to rebuild a catcracker unit at Shell's Wood River refinery. Pursuant to the terms of their agreement, Strange & Coleman agreed to furnish all labor, supervision, machinery, equipment, materials and supplies necessary to rebuild the catcracker while taking responsibility for all acts and omissions of its subcontractors.

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