Henthorne v. Legacy Healthcare, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a promise to indemnify against “liability, loss, cost or expenses” was not triggered because the party seeking indemnity had not paid the underlying claim or demonstrated that its liability had become fixed
• holding that duty to defend is independent of duty to indemnify
• observing “the duty to indemnify does not arise until the party seeking indemnity suffers loss or damages”
• “the date of the negligent act causing injury is the date for deciding when an indemnitee should be held responsible to defend or indemnify after a demand or claim is made”
• examining contract language to determine obligation to defend

Source: CourtListener parenthetical corpus (CC0).