Parker Towing Company, Inc. v. Triangle Aggregates, Inc.

Summary

The court held that Parker Towing could not obtain indemnity for the $25,000 it paid to settle the landowners' claims, because the nonleased-property claims treated Parker Towing and Triangle as joint tortfeasors and the reclamation claim no longer supplied a basis for that payment. The court nevertheless held that Triangle's contractual indemnity obligation covered Parker Towing's attorney fees and litigation expenses attributable to defending the reclamation claim. The judgment was affirmed in part, reversed in part, and remanded for allocation of the recoverable fees and expenses.