CERTIFIED FOR PUBLICATION DUARTE, J. Appellant Maxim Crane Works (Maxim) was hoist by its own petard when the trial court enforced an unfavorable choice-of-law provision in a form contract written by Maxim. Maxim cross-complained against Tilbury Constructors (Tilbury), Gorski's employer, seeking indemnity. Maxim had provided Tilbury a crane and operator pursuant to a contract signed that day. Maxim cross-complained against Tilbury for breach of contract and indemnity, and in part alleged Tilbury had a duty to defend Maxim, and that Tilbury had been negligent. Tilbury also contends that once Gorski and Maxim settled, Maxim still had to show the amount of the settlement was fair, before recouping that amount from Tilbury.

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