Cambridge Integrated Services v. Concentra Integrated Services, No. 11-31032 (5th Cir. 2012)
Annotate this CaseCambridge appealed the district court's grant of summary judgment in favor of Concentra. Cambridge and Concentra owed each other contractual duties of defense and indemnification. Cambridge and a subsidiary of Concentra were later named as defendants in a state court lawsuit. Concentra settled and obtained a release that benefited Cambridge to the extent of Concentra's indemnification obligation. However, Concentra rejected Cambridge's tender of defense. Cambridge filed suit in federal court seeking a declaratory judgment that Concentra owed it contractual defense and indemnification for the costs that Cambridge incurred in settling the state-court litigation. The court affirmed summary judgment of the district court dismissing Cambridge's claims against Concentra for indemnification, but reversed summary judgment with respect to Concentra's duty to defend.
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