Cox v. Deloitte Book Reviews

Cox v. Deloitte by Eighth District, El Paso Court of Appeals of Texas Book Summary

This is an appeal by the plaintiffs Cox, Colton, Stoner, Starr and Co., P.C., et al. from a take nothing summary judgment rendered in their suit to recover on an indemnity agreement executed by the Defendant Deloitte, Haskins & Sells. Also appealed by the Plaintiffs is a summary judgment rendered in favor of Deloitte, Haskins & Sells for $240,000.00 on their cross-action to recover the accelerated balance due under a dissolution agreement made between the parties. The issue on this appeal is whether Deloitte, Haskins & Sells, as the indemnitor, had any duty to reimburse the indemnitees, the Plaintiffs, under the indemnity agreement where the indemnitee Plaintiffs settled and paid a third party claim for accounting malpractice over the objection of the indemnitor Defendant who stood ready to defend the third party action. We hold that under the summary judgment proof a fact issue was presented as to the duty to reimburse. We reverse the take nothing judgment of the trial court on the Plaintiffs claim and remand for trial. We affirm the award on the cross-action.

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