Harold Lee Stephens v. Chevron Oil Company, Defendant-Third-Party v. Aetna Casualty & Surety Co., and Axelson, Inc., Third-Party

RONEY, Circuit Judge:

The sole issue on this appeal is whether a contractor-indemnitor, with no duty to indemnify against the ownerindemnitee’s own negligence, must pay the costs and expenses of a successful defense by the indemnitee against a work-related claim of an employee of the indemnitor, where the claim was based entirely on the indemnitee’s alleged negligence. A jury having found the indemnitee free from negligence, we hold that the indemnitee is entitled to recover from the indemnitor the costs and expenses incurred in successfully defending the personal injury suit. We reverse the…