Continental Steel Co. v. H.A. Lott, Inc.

ON MOTION FOR REHEARING

STEWART, Justice.

We grant appellee’s motion for rehearing, withdraw our prior opinion, and substitute this opinion as the opinion of the Court.

This appeal concerns the construction of an indemnity agreement between appellant Continental Steel Company (Continental) and appellee H.A. Lott, Inc., (Lott). The sole contested issue is whether the agreement obligates Continental to indemnify Lott for Lott’s costs and expenses incurred in its successful defense of a claim based solely on Lott’s alleged negligence. We hold that the agreement does create such an obligation;…