Citations
- 301 F. Supp. 2d 945
Full opinion text
MEMORANDUM OPINION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT
BENNETT, Chief Judge.
TABLE OF CONTENTS
I. INTRODUCTION 949
A. Factual Background. ZD ^ CD
B. Arguments Of The Parties. CD Ol tO
II. LEGAL ANALYSIS. 953
A. Standards For Summarg Judgment . 953
B. Principles Of Iowa Indemnity Law. 954
C. Kaydon’s Indemnity Claim. 956
1. Applicability of the indemnity provisions to the Irgens litigation. 956
2. What were the Mefferd Defendants required to do?. 957
a. Was there a duty “to defend”?. 957
b. Was there an “on-going duty” to pay attorneys’ fees and costs? 958
3. Anticipatory repudiation. 961
a. Repudiation based on “on-going duties”. 961
b. Repudiation based on assertion that Kaydon was the “wrong party”. (M CD C5
c. Repudiation based on a statement of inability to perform. (M CD OS
4. Kaydon’s failure to obtain consent to settlement. 'cr CD C5
a. The “written consent” clause. CD