Photo: Wutzkoh via Adobe Stock Indemnification of Board Member-Plaintiffs Must Be Expressly Stated, NJ Supreme Court Says
We agree with the court's opinion and welcome it as a good tutorial on the law of contracts in the context of indemnification for first- and third-party claims.
August 02, 2024 at 11:45 AM
6 minute read
Contracts
If a disgruntled trustee of a condominium association sues to enjoin his removal from its board, is he entitled to indemnification for his attorney fees and expenses for his affirmative claims, based on an ambiguous provision in the bylaws? Does the bylaw language, clearly intended to protect trustees from third-party claims, allow a trustee to exploit the language to underwrite his first-party claims when his own service and conduct are at issue?
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