Southern Railway Co. v. Arlen Realty & Development Corp.

How courts have described this case

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

• rule adopted and applied even though indemnitee had not notified indemnitor of suit
• unless contract of indemnity provides, indemnitee's failure to give the indemnitor timely notice of, and opportunity to defend, claim does not bar recovery by indemni-tee against indemnitor; indemnitor had actual notice and was impleaded in action by indemnitee
• “[W]here, as here, the right of the indemnitee is based upon an express contract, and no provision of the contract provides otherwise, . . . the indemnitee may recover reasonable attorney’s fees and expenses of litigation spent in defense of the claim indemnified against.”

Source: CourtListener parenthetical corpus (CC0).