X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

This appeal concerns whether a party to an indemnification agreement can obtain indemnification for a dispute regarding the scope and meaning of the indemnification agreement, specifically, whether the agreement provides for indemnification of another matter. Appellants, MEMC Electronic Materials, Inc., and MEMC Pasadena, Inc. (collectively “MEMC”), appeal the trial court’s rendition of summary judgment in favor of appellees Albemarle Corporation, Lexington Insurance Company, and Travelers Property Casualty group (collectively “Albemarle”).

In this appeal following remand of an earlier appeal concerning the same agreement between these two parties, MEMC raises two issues. MEMC contends that the trial court erred by rendering summary judgment in favor of Albemarle by determining that MEMC was not entitled to indemnity or damages for breach of contract and by denying MEMC’s motion for summary judgment for indemnity and breach of contract damages. MEMC makes two contentions concerning these two issues. First, MEMC contends it is entitled to damages in the form of attorney’s fees for its defense of this suit in which Albemarle sought indemnity from MEMC for Albemarle’s indemnification of Ethyl Corporation. Second, MEMC asserts it is entitled to damages for attorney’s fees for its defense of the Damewood litigation.*fn1 We conclude that Albemarle does not owe indemnity to MEMC because the indemnity agreement with Albemarle does not provide for attorney’s fees in this situation and the request for attorney’s fees for MEMC’s defense of the Damewood litigation was not made in a motion for summary judgment. We affirm.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 22, 2024 - October 23, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More

Summary:In this role, you will conduct legal research, provide analysis, and advise the business on various legal matters. You will assist i...


Apply Now ›

A small diverse Law firm is seeking a Legal Secretary with a minimum of 2 years plus legal experience in Personal Injury and Family Law. Mus...


Apply Now ›

The University of Kentucky (UK) seeks a strategic and collaborative leader with a distinguished scholarly profile to serve as the next Dean ...


Apply Now ›