(concurring specially).
I concur in the main opinion. I write separately to explain my understanding that Alabama law does not provide an answer to the second certified question apart from the specific terms of the indemnity agreement between the parties. Thus, if for whatever reason the parties have entered into an indemnity agreement that provides for an allocation of responsibility based on what is pleaded in a lawsuit, then presumably we would not look beyond what is pleaded. If, as here, and as typically will be the case, the language of the indemnity agreement allocates responsibility based on the facts, i.e., what actually happens, then one must look at those facts.