Cintas Corp. No. 2 v. Becker Property Services LLCAnnotate this Case
At issue was whether a contract executed by Becker Property Services LLC and Cintas Corporation No. 2 containing indemnification and choice-of-law provisions entitled Cintas to indemnification for damages caused by its own negligence.
The parties agreed that Ohio’s law controlled the interpretation of their contract but disagreed over whether that provision should be enforced. The circuit court concluded that the contract did not require Becker to defend or indemnify Cintas for its own negligence under Wisconsin law, adding that, if Ohio law had applied instead, the indemnification provision would have been sufficient to require Becker to indemnify Cintas for its own negligence. The court of appeals reversed, holding that, even under Wisconsin law, the contract required Becker to defend and indemnify Cintas for its own negligence. The Supreme Court held (1) no public policy required the Court to preempt the parties’ agreement that Ohio law would control the contract; and (2) the contract’s indemnification agreement unambiguously required Becker to defend and indemnify Cintas even for its own negligence.