Great West Casualty Co. v. Marathon Oil Co.

MEMORANDUM OPINION AND ORDER

GOTTSCHALL, District Judge.

The question before the court is whether Great West Casualty Co. (“Great West”) must pay Marathon Oil Company’s (“Marathon”) attorneys’ fees incurred in two third-party indemnification actions prosecuted by Marathon against Heidenreich Trucking Company, Inc. (“Heidenreich”) and Krystal Gas Marketing Company (“Krystal”).

Background

Decedent Paul Howe, a truck driver employed by Heidenreich, was fatally injured while loading his truck with gasoline purchased by or for Krystal at a Marathon terminal. Howe’s estate brought suit against…