MOTOR CARRIERS (INSURANCE) / Question relates to statute of limitations governing insurance on motor carrier truck involved in fatal accident: Applicable (Pennsylvania) law recognizes two distinct forms of contract-based indemnity: (1) Indemnity against loss and (2) indemnity against liability. Complaint pleads first, but even if second applies claim not time-barred.

These two distinct forms are not mutually exclusive. In any event complaint pleaded indemnity against loss. But even if it was construed as claiming indemnity against liability: “However, even if Count I constituted a claim for indemnification against liability, the claim did not become “fixed and established” until LGIC reached a settlement agreement with the estate—September 28, 2007.”

Lincoln General Insurance Co. v. Kingsway American Agency, Inc., Slip copy, 2013 WL 458449 (U.S. District Court for the Middle District of Pennsylvania, February 6, 2013). No free copy available at time of posting.