George L. Smith II Georgia World Congress Center Authority v. Miller Brewing Co.

Miller, Judge.

This case presents a single issue on undisputed facts: Does a written indemnity agreement obligate the indemnitor to pay the indemnitee’s attorney fees where the agreement makes no mention of an obligation to defend the indemnitee or of an obligation to pay the indemnitee’s attorney fees or expenses of litigation? We hold that no obligation to pay attorney fees arises in such an agreement and therefore affirm summary judgment in favor of the indemnitor.

Pursuant to a written license agreement, George L. Smith II Georgia World Congress Center Authority (the “Authority”) leased…