(Download) "American Home Shield Corp. v. Lahorgue" by In the Court of Appeals Fifth District of Texas at Dallas * Book PDF Kindle ePub Free
eBook details
- Title: American Home Shield Corp. v. Lahorgue
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 03, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In this case we determine whether a contractual indemnity clause is enforceable under the fair notice requirements for such agreements. American Home Shield Corporation and American Home Shield of Texas, Inc. (American Home) sought contractual indemnity from Stephen Lahorgue d/b/a Turn-Key Pool & Spa (Turn-Key) in a personal injury suit. Both parties filed motions for summary judgment and the trial court found that the indemnity provision failed to meet both requirements of fair notice: conspicuousness and the express negligence doctrine. The trial court granted Turn-Keys motion and denied American Homes. American Home raises seven issues on appeal. In its first two issues, American Home contends the trial court erred in granting Turn-Keys motion for summary judgment because the indemnity provision satisfied the fair notice requirements and, alternatively, the record shows Turn- Key had actual notice or knowledge of the indemnity provision. In its next five issues, American Home challenges the trial courts denial of its motion for summary judgment seeking to enforce the indemnity provision.
 "American Home Shield Corp. v. Lahorgue" by In the Court of Appeals Fifth District of Texas at Dallas * Book PDF Kindle ePub Free){kind=link}