Implied or Equitable Indemnification

Indemnification is when one party is responsible for another party’s legal liability. Indemnity is usually either contractual or non-contractual. Non-contractual indemnity is also sometimes referred to as common law indemnity or common law indemnity.

Regardless of how it is labeled, to prevail a party must show: (1) the discharge of an obligation by the plaintiff, (2) the obligation discharged by the plaintiff is identical to an obligation owed by the defendant, and (3) the discharge of the obligation by the plaintiff is under such circumstances that the obligation should have been discharged by the defendant, and defendant will be unjustly enriched if the defendant does not reimburse the plaintiff to the extent that the defendant’s liability has been discharged. Beeler v. Martin, 306 S.W.3d 108, 111 (Mo. Ct. App. 2010).

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