expense of creating defense (Indiana) · Go Syfert
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expense of creating defense in Indiana

5 Indiana opinions name it 1 courts 1983–2025 1 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Zebrowski & Associates, Inc. v. City of Indianapolis Ex Rel. Board of Directors for Utilities of Department of Public Utilitiesgreen
indctapp · 1983 · cited in 3 Indiana opinions naming this issue, 2018–2025
2 sentences

2025See Recticel Foam, 716 N.E.2d at 1027 (“Because Wausau has a duty to defend Recticel, Wausau is liable for the reasonable and necessary expenses incurred by Recticel in defending the actions.”); see also Zebrowski & Assocs., Inc. v. City of Indianapolis, 457 N.E.2d 259, 264 (Ind. Ct. App. 1983) (“An indemnitee, who incurs legal expenses through defending an action against him for which he is entitled to indemnification, is entitled to recover the expense of creating his defense, including reasonable attorney fees.”). [69] Safway does not contest the trial court’s award of NIPSCO’s defense cost

2018Utilities , which is cited by BioConvergence and Alisa, the Court held: "An indemnitee, who incurs legal expenses through defending an action against him for which he is entitled to indemnification, is entitled to recover the expense of creating his defense, including reasonable attorney fees." 457 N.E.2d 259 , 264 (Ind. Ct. App. 1983) (citing Employers' Liability Assurance Corp. v. Citizens Nat'l Bank of Peru , 85 Ind. App. 169 , 151 N.E. 396 (1926) ).

23
Employers Insurance of Wausau v. Recticel Foam Corp.green
indctapp · 1999 · cited in 1 Indiana opinions naming this issue, 2025–2025
1 sentence

2025See Recticel Foam, 716 N.E.2d at 1027 (“Because Wausau has a duty to defend Recticel, Wausau is liable for the reasonable and necessary expenses incurred by Recticel in defending the actions.”); see also Zebrowski & Assocs., Inc. v. City of Indianapolis, 457 N.E.2d 259, 264 (Ind. Ct. App. 1983) (“An indemnitee, who incurs legal expenses through defending an action against him for which he is entitled to indemnification, is entitled to recover the expense of creating his defense, including reasonable attorney fees.”). [69] Safway does not contest the trial court’s award of NIPSCO’s defense cost

11
Bethlehem Steel Corp. v. Sercon Corp.green
indctapp · 1995 · cited in 1 Indiana opinions naming this issue, 2004–2004
1 sentence

2004Bethlehem Steel Corp. v. Sercon Corp., 654 N.E.2d 1163, 1169 (Ind.Ct.App.1995) ("An indem-nitee, who incurs legal expenses through defending an action against him for which he is entitled to indemnification, is entitled to recover the expense of creating his defense, including reasonable attorney fees"), reh'g denied, trans. demied.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Employers' Liability Assurance Corp. v. Citizens National Bank of Peru green
indctapp · 1926
2 sentences

2018Utilities , which is cited by BioConvergence and Alisa, the Court held: "An indemnitee, who incurs legal expenses through defending an action against him for which he is entitled to indemnification, is entitled to recover the expense of creating his defense, including reasonable attorney fees." 457 N.E.2d 259 , 264 (Ind. Ct. App. 1983) (citing Employers' Liability Assurance Corp. v. Citizens Nat'l Bank of Peru , 85 Ind. App. 169 , 151 N.E. 396 (1926) ).

2018Utilities , which is cited by BioConvergence and Alisa, the Court held: "An indemnitee, who incurs legal expenses through defending an action against him for which he is entitled to indemnification, is entitled to recover the expense of creating his defense, including reasonable attorney fees." 457 N.E.2d 259 , 264 (Ind. Ct. App. 1983) (citing Employers' Liability Assurance Corp. v. Citizens Nat'l Bank of Peru , 85 Ind. App. 169 , 151 N.E. 396 (1926) ).

21983–2018
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee green
indctapp · 2018
1 sentence

2020Accordingly, the Simon Parties were entitled to recover their reasonable attorney fees and costs for prosecution of the cross-claim against Smarte Carte to enforce the indemnification provision. [33] Further, we noted in BioConvergence that: “An indemnitee, who incurs legal expenses through defending an action against him for which he is entitled to indemnification, is entitled to recover the expense of creating his defense, including reasonable attorney fees.” BioConvergence, 103 N.E.3d at 1170 (quoting Zebrowski & Assocs., Inc. v. City of Indianapolis, By & Through its Bd. of Directors for U

12020–2020
Price v. AMOCO OIL COMPANY green
insd · 1981
1 sentence

2018The Court held that "[t]he indemnitee may recover attorney fees from the indemnitor incurred through an original action which is settled, and also for the cost of prosecuting the indemnity clause." Id. (citing Price v. Amoco Oil Co. , 524 F.Supp. 364 (S.D.

12018–2018

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