Swiss Re is Beneficiary to Indemnity Agreement, 3rd Circuit Rules

PHILADELPHIA - The 3rd Circuit U.S. Court of Appeals has reversed a grant of summary judgment to Airport Industrial Park, d/b/a P.E.C. Contracting Engineers, as against Swiss Reinsurance America Corp., ruling that Swiss Re was clearly an intended beneficiary of a general indemnity agreement. Swiss Reinsurance America Corp. v. Airport Industrial Park Inc., No. 07-3749 (3rd Cir.).

On May 5, the appellate panel, led by Judge Kent Jordan, remanded the case to the U.S. District Court for the Western District of Pennsylvania for reevaluation of the indemnity agreement in light of the parties' custom and usage.

In 1995, Airport Industrial …