Struzynski v. Borden Chemical Division, Borden, Inc.

In January 1978, Moffatt Enterprises, appellant, entered into a distributor agreement with Borden Chemical Division of Borden, Inc., appellee. Pursuant to the agreement, appellant received a product from appellee called Insulspray, a type of thermal insulating material, and then distributed the product to independent contractors for installation. Under the agreement, inter alia, appellant agreed to indemnify appellee as to any “* * * claims, damages, losses and expenses, including attorneys’ fees, including but not limited to claims made by customers of distributor and customers of…