Title 28, Title 28

An agreement to indemnify against the acts of a certain person applies not only to the person's acts and their consequences but also to those of the person's agents.

An agreement to indemnify several persons applies to each unless a contrary intention appears.

(Temporary) Person indemnifying liable jointly and severally. Except as provided in 27-1-703, one who indemnifies another against an act to be done by the latter is liable jointly with the person indemnified and separately to every person injured by such act. (Terminates on occur…

If a person at the request of another engages to answer in damages, whether liquidated or unliquidated, for any violation of duty on the part of the latter, the person is entitled to be reimbursed in the same manner as a surety for whatever the person may pay.

In the interpretation of a contract of indemnity, the rules prescribed in 28-11-314 through 28-11-317 are to be applied unless a contrary intention appears.

(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…

An indemnity against claims, demands, or liability, expressly or in other equivalent terms, embraces the costs of defense against such claims, demands, or liability incurred in good faith and in the exercise of a reasonable discretion.

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 indemnif…

(1) If the person indemnifying, whether the person is a principal or a surety in the agreement, does not have reasonable notice of the action or proceeding against the person indemnified or is not allowed to control the person indemnified's defense, judgment against the person in…

A surety is one who, at the request of another person and for the purpose of securing to the other person a benefit, becomes responsible for the performance by the other person of some act in favor of a third person or pledges property as security for the performance.

A person who appears to be a principal, whether by the terms of a written instrument or otherwise, may show that the person is in fact a surety except as against persons who have acted on the faith of the person's apparent character of principal.

In interpreting the terms of a contract of suretyship, the same rules are to be observed as in the case of other contracts.

Notwithstanding the recovery of judgment by a creditor against a surety, the latter still occupies the relation of surety.

A surety cannot be held beyond the express terms of the surety's contract, and if the contract prescribes a penalty for breach, the surety cannot in any case be liable for more than the penalty.

A surety is exonerated: (1) in like manner with a guarantor; (2) to the extent to which the surety is prejudiced by any act of the creditor that would naturally prove injurious to the remedies of the surety or inconsistent with the surety's rights or that lessens the surety's sec…

Performance of the principal obligation or an offer of such performance, duly made as provided in this code, exonerates a surety.

A surety has all the right of a guarantor, whether the surety becomes personally responsible or not.

A surety may compel the surety's principal to perform the obligations when due.

A surety may require the surety's creditor to proceed against the principal or to pursue any other remedy in the surety's power that the surety cannot pursue and that would lighten the surety's burden, and if the creditor neglects to do so, the surety is exonerated to the extent …

(1) If a surety satisfies the principal obligation or any part of the principal obligation, whether with or without legal proceedings, the principal is bound to reimburse what the surety has disbursed, including necessary costs and expenses, but the surety does not have a claim f…

A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor or by a cosurety at the time of entering into the contract of suretyship or acquired by the creditor or cosurety afterwards, whether the surety was aware of …

A creditor is entitled to the benefit of everything which a surety has received from the debtor by way of security for the performance of the obligation and may, upon the maturity of the obligation, compel the application of such security to its satisfaction.

Whenever property of a surety is hypothecated with property of the principal, the surety is entitled to have the property of the principal first applied to the discharge of the obligation.