28-11-316. Duty of person indemnifying to defend. The person indemnifying is bound, on request of the person indemnified, to defend actions or proceedings brought against the person indemnified in respect to the matters embraced by the indemnity, but the person indemnified has the right to conduct defenses if the person indemnified chooses to do so. If, after request, the person indemnifying neglects to defend the person indemnified, a recovery against the person indemnified suffered by the person indemnified in good faith is conclusive in favor of the person indemnified against the person indemnifying.
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(4), (5); amd. Sec. 827, Ch. 56, L. 2009.
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