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Attorneys obtained summary judgment on behalf of an insurance company and its insured in a claim for indemnification

Attorneys obtained summary judgment on behalf of an insurance company and its insured in a claim for indemnification. Defendant insurance company defended an underlying product liability case arising out of an explosion and fire in an oxygen pipeline. On behalf of defendant, they demanded defense and indemnity from a co-defendant based on a contract, but they refused. They completed the defense and settled the case on favorable terms. Defendant sued the co-defendant for reimbursement of all litigation costs and settlement payments. The contract called for the application of Missouri law. The federal court in Delaware ruled that under Missouri law, the indemnity obligation was clear, and granted summary judgment.

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