Shell Oil Gets Claims Revived in California Indemnity Suit

Shell Oil Company convinced a state appeals court that the purchaser of a property in southern California might be required to pay for part of the cost of an environmental cleanup, and saw its causes of action for contribution, equitable indemnity and declaratory relief reinstated.

Shell sued the Barclay Hollander Corporation, seeking contractual and equitable indemnity over costs incurred during cleanup of petroleum contamination on the property.

A lower court correctly rejected Shell’s claims of contractual indemnity and successor liability, the California Court of Appeals, Second District, Division Three held June 5, but an award of fees was premature, and ...