JKT Co., Inc. v. Hardwick

The sole question we must decide in these appeals is whether a defendant who incurs attorneys’ fees and other expenses of litigation in the successful defense of a third-party’s claim may seek indemnification for these expenses against a codefendant who is found liable, even though the defendant would not have been entitled to indemnification if he had been found liable. We hold that such a defendant has no right of indemnification against his codefendant for these expenses of litigation.

The underlying case was a suit for damages by the plaintiff JKT Company, Inc., for a faulty roof on its…