BURKES MECH. v. Ft. James-Pennington, Inc.

I concur in the judgment of the main opinion based solely on the fact that Burkes's contract with Ft. James obligated Burkes to defend, to indemnify, and otherwise to hold Ft. James harmless in regard to any claim filed against Ft. James by an employee of Burkes, regardless of any insurance held by the parties. There was no provision in that contract mandating that Ft. James give timely notice to either Burkes or Fidelity Insurance that it intended to hold Burkes to this obligation.

SEE, J., concurs.