Pike Creek Chiropractic Center, P.A. v. Robinson

WALSH, Justice:

In this appeal, we address two issues regarding a contractual right to indemnification. Both questions arise as the result of a tort action brought by a third party against both the indemnitor and indemnitee. First, is an indemnitee entitled to recover the expense of defending the action when the plaintiffs complaint makes allegations against the indemnitee for which it could be indemnified, and allegations against the indemnitee for which it could not be indemnified, if it is subsequently determined that the latter allegations are without merit? Second, does a broad express…