U. S. A., Inc. v. Kirkland

Webb, Judge.

The indemnitor in a "Hold Harmless Agreement” agreed to indemnify and hold harmless the indemnitee "from any and all acts on the part of [indemnitor’s] employees engaged in providing security or store detectives.” The indemnitor was providing security services for indemnitee at its stores, and because of the actions of provided security guards, various claims for false arrest, malicious prosecution etc. were filed against both parties. Indemnitee called upon indemnitor to defend the actions but met with refusal. Subsequently the plaintiffs in the damage actions secured favorable…