Laurens Emergency Med. Specialist v. M.S. Bailey & Sons Bankers,
(S.C. App. Jan. 14, 2002)

A hospital contracted with an emergency medicine group to provide the hospital with its emergency room physicians and emergency room medical director. The contract, which required the hospital to employ non-physician administrative personnel in the emergency department, contained an "indemnification clause" that required the hospital to "indemnify [the group] from and against any and all . . . actions . . . caused by or resulting from allegations of negligent or wrongful acts . . . of hospital employees . . . ." Upon discovering that one of the hospital-employed emergency department administrative employees had embezzled some of the group's funds, the group required that the hospital indemnify the loss pursuant to the terms of the group's contract. The South Carolina Court of Appeals held that the clear and unambiguous language of the contract intended for the hospital to indemnify the group for losses the group suffered at the hands of negligent hospital employees. The court also rejected the hospital's argument that the group's negligence contributed to the loss, holding that the indemnification obligation would apply even if the group was at fault.