A party bringing a common-law indemnification claim does not need to have a contractual relationship with the proposed indemnitor. However, the indemnitee's obligation to pay the plaintiff must be predicated either on liability by operation of law, such as vicarious liability, or on an existing relationship between the indemnitor and the indemnitee, such as in the case of a guarantor and principal. The key element of a common-law cause of action for indemnification is not a duty running from the indemnitor to the injured party, but is a separate duty owed the indemnitee by the indemnitor.
Fidelity Natl. Tit. Ins. Co. v. Sky Abstract Corp., NY Slip Op 05145 (1st Dep't August 27, 2026)
