Luna v. American Airlines

How courts have described this case

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

• noting the general standard that when contractual language does not expressly contemplate that the contracting parties were concerned with prospective litigation between themselves, the indemnification provision will not cover it
• provision excluded first-party indemnification claims where indemnitor agreed to “defend, indemnify, and hold us harmless from and against any and all liabilities . . . that may be charged to, asserted against or incurred by us…”
• “if third-party claims were possible at the time of contracting and the contractual language did not evidence the parties’ intent regarding the indemnification of attorney’s fees incurred in suits between them, the courts have refused to award such expenses as indemnification”
• construing and applying New York law

Source: CourtListener parenthetical corpus (CC0).