Anaconda Co. v. Chapman-Dyer Steel Manufacturing Co.

OPINION

HOWARD, Chief Judge.

This appeal arises out of a superior court declaratory judgment action by Anaconda against Chapman-Dyer to obtain a declaration in its favor that Chapman-Dyer was required to indemnify Anaconda, pursuant to a written agreement between them, for losses sustained by Anaconda in defending and settling a personal injury action and in defending a wrongful death action. The case was tried to the court resulting in judgment in Chapman-Dyer’s favor.

The court made findings of fact and conclusions of law and concluded: (1) that the indemnity agreement was not retroactive and…