applying “principles of contract interpretation” to a contractual indemnity claim
How later courts described this case
- applying “principles of contract interpretation” to a contractual indemnity claim
Written by the judges who cited it.
The opinion
I agree that the trial court's entry of a partial summary judgment in favor of the Authority is due to be reversed. The Authority failed to meet its burden before the trial court by not presenting evidence sufficient to establish that the fire at issue arose as a result of the negligent or intentional *Page 318
acts or omissions of Peerless or Waste Management. As such, the Authority failed to establish the nonexistence of a genuine issue of material fact regarding the question whether Peerless and Waste Management were bound to indemnify the Authority.