Nova Research, Inc. v. Penske Truck Leasing Co.

In this case requesting declaratory relief, we review the trial court’s construction of a rental agreement between Penske Truck Leasing Co., L.P. (Penske) and Nova Research, Inc. (Nova). The question presented in this appeal is whether the contract provision for indemnification includes first party attorney’s fees, where the contract language does not provide expressly for the recovery of attorney’s fees. We are asked also to decide whether, subsequent to the declaratory judgment in favor of indemnification, Penske’s applications filed for costs and expenses were submitted properly to the…