28-11-314. When and what person indemnified entitled to recover. (1) Upon an indemnity against liability, expressly or in other equivalent terms, the person indemnified is entitled to recover upon becoming liable.
(2) Upon an indemnity against claims, demands, damages, or costs, expressly or in other equivalent terms, the person indemnified is not entitled to recover without payment thereof.
History: En. Sec. 3586, Civ. C. 1895; re-en. Sec. 5654, Rev. C. 1907; re-en. Sec. 8169, R.C.M. 1921; Cal. Civ. C. Sec. 2778; Field Civ. C. Sec. 1530; re-en. Sec. 8169, R.C.M. 1935; R.C.M. 1947, 30-307(1), (2).
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 11. Guaranty, Indemnity, and Suretyship
28-11-302. Indemnity for future unlawful act void
28-11-303. Indemnity for past wrongful act valid
28-11-304. Indemnity extended to acts of agents
28-11-305. Indemnification of several persons
28-11-306. through 28-11-310 reserved
28-11-311. Person indemnifying liable jointly and severally
28-11-312. When person indemnifying entitled to reimbursement
28-11-313. Interpretation of contract of indemnity
28-11-314. When and what person indemnified entitled to recover
28-11-316. Duty of person indemnifying to defend
28-11-317. When judgment not conclusive against person indemnifying