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3441 REVIEW DENIED Under an indemnity agreement making the indemnitor liable for indemnity only if the indemnitee was not actively negligent, a question of fact existed as to the indemnitee's negligence, so there is no presumption that the indemnitee's settlement of a claim against it establishes liability of the indemnitor.CitationMEL CLAYTON FORD v FORD MOTOR CO (Automobile Indemnity) 104 CA4 46 [See: CCP 877.6; Peter Culley v Superior Court 10 CA4 1484; Isaacson v CIGA, 44 C3 775; Heppler v JM Peters 73 CA4 1265, T/AT 9/99]
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