Sears wants supplier to indemnify for asbestos losses

By Ann Knef | Jun 1, 2005

Sears Roebuck and Co. is suing its supplier of brake shoe sets for losses and legal fees incurred in four Madison County asbestos lawsuits.

According to the suit filed May 25, Sears is seeking reimbursement from Maremont Corp. for losses associated with civil action taken by mesothelioma-sufferers or their heirs in 2002.

"Maremont owes a duty to indemnify and reimburse Sears for all loss suffered," the suit states.

Represented by Cates, Kurowski, Bailey & Schultz LLC in Swansea, Sears claims Maremont manufactured and sold lined brake shoe sets to them under contract since 1971.

"Maremont owed Sears Roebuck and Company a duty to indemnify, protect, defend and hold harmless from and against any and all liability and expenses resulting from any alleged or claimed defect," the suit states.

The asbestos cases in which Sears was named as a defendant included James B. Pryor v. A.W. Chesterton,, Finance J. Roberts-Jeanie Roberts v. A.W. Chesterton,, Charlene Merrill, individually and as special administrator of the estate of Jerome Merrill, deceased v. A.W. Chesterton, and Diane Teaver, individually and as special administrator of the estate of Francesco Marino, deceased v. A.W. Chesterton, et. al.

The suits were dismissed without prejudice on Sept. 13, 2004.

Sears, which was allowed by the court to file a counterclaim, is seeking indemnification of the total amount of loss, expense or judgment and for further relief the court deems just and proper.

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