Goldman v. Ecco-Phoenix Elec. Corp

In Goldman v. Ecco-Phoenix Elec. Corp. (1964) 62 Cal.2d 40, the court held that the indemnity agreement between a general contractor and a subcontractor was not sufficiently specific to provide for indemnity against the general contractor's active negligence, but in dicta the court did characterize as sufficiently specific for that purpose an indemnity agreement between the general contractor and the owner. That agreement provided that the contractor would indemnify and save the owner harmless "'from all claims, loss damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence.'" (62 Cal.2d at p. 46.)