Schenkel & Shultz, Inc. v. Hermon F. Fox & Associates, P.C.

WYNN, Judge.

A right to indemnity may rest on the express contractual provisions between two parties and would therefore be triggered by a breach of that contract.1 Because we find a genuine issue of material fact remains as to whether the contract in this case did, in fact, expressly provide for the indemnification of Plaintiff Schenkel & Shultz, Inc. by Defendant Hermon F. Fox & Associates, PC., we reverse the trial court’s grant of summary judgment as to Plaintiffs indemnity claim.

We further find that a genuine issue of material fact remains as to whether Fox & Associates did, in fact,…