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  5. 776 S.W.2d 790 (1989)
 

CONST. INVESTMENTS & CONS., INC. v. DRESSER INDUSTRIES, INC.

No. 01-88-00335-CV.

776 S.W.2d 790 (1989)

CONSTRUCTION INVESTMENTS AND CONSULTANTS, INC., Appellant, v. DRESSER INDUSTRIES, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied September 14, 1989.

Attorney(s) appearing for the Case

Ben Taylor, Ronald J. Palmer, Fulbright & Jaworski, Houston, for appellant.

Kent C. Sullivan, Davis & McFall, P.C., Houston, for appellee.

OPINION

COHEN, Justice.

Construction Investments and Consultants, Inc. ("CIC"), the contractor, appeals from a judgment ordering it to indemnify Dresser Industries, Inc., the owner, for attorneys' fees. The issue is whether an indemnity contract, which does not meet the express negligence test, can obligate CIC to pay Dresser's attorneys' fees for successfully defending a negligence claim by an employee of CIC's subcontractor.

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