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PIKE CREEK CHIROPRACTIC v. ROBINSON

637 A.2d 418 (1994)

PIKE CREEK CHIROPRACTIC CENTER, P.A., a Delaware corporation, Co-Defendant Below, Appellant, v. David ROBINSON, D.C., Co-Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: March 4, 1994.

Attorney(s) appearing for the Case

David L. Finger, Biggs and Battaglia, Wilmington, for appellant.

F. Alton Tybout, Tybout, Redfearn & Pell, Wilmington, for appellee.

Before MOORE, WALSH and HOLLAND, JJ.

WALSH, Justice:

In this appeal, we address two issues regarding a contractual right to indemnification. Both questions arise as the result of a tort action brought by a third party against both the indemnitor and indemnitee. First, is an indemnitee entitled to recover the expense of defending the action when the plaintiff's complaint makes allegations against the indemnitee for which it could be indemnified, and allegations...

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