A service station operator (Myers) agreed to indemnify the owner (Texaco) for injury claims except those caused solely by Texaco's negligence. When a customer was injured and both parties were found partially at fault, Texaco demanded Myers cover its share of the damages under the indemnity clause. The Georgia Court of Appeals ruled the clause was enforceable and required Myers to indemnify Texaco even for Texaco's partial negligence, as long as it wasn't Texaco's sole fault. This means broad indemnity clauses that exclude only "sole negligence" will be enforced to cover shared liability situations.
Indemnity clauses excluding only the owner's "sole negligence" are enforceable and will require you to cover the owner's share of damages in joint negligence situations.
Review your contract language carefully—if it says you indemnify for claims except "sole negligence," you're likely covering the owner's partial fault too.