Georgia Power Company v. ABB, Inc., --- Fed. Appx. ---, 2020 WL 1944249
N/AOUTCOME: affirming the district court’s grant of summary judgment enforcing indemnification obligation
Georgia Power Company (“Georgia Power”) brought a third-party complaint against ABB, Inc. (“ABB”) seeking indemnification and alleging a breach of contract for ABB's failure to make Georgia Power an ad ... ditional insured on ABB's liability insurance policy. The District Court granted summary judgment to Georgia Power on all claims. On appeal, ABB argues that summary judgment on Georgia Power's indemnification claims was not warranted because ABB's contract with Georgia Power was ambiguous as to whether ABB had to indemnify Georgia Power for its own negligence. ABB also argues that Georgia Power was not entitled to summary judgment on its breach of contract claim because it did not show independent damages.