However, LL and T each wish to be insured, in certain respects, under the other s insurance policies. Furthermore, LL wishes T to indemnify it and hold it harmless for certain potential liabilities.
T likewise wishes to have LL indemnify and hold it harmless with respect to certain liabilities.
T in turn agrees to have LL insured under its liability policy and to indemnify, and hold harmless, LL with respect to any liabilities other than those arising out of LL s intentionally conduct or negligence. Thereafter, there is a fire at LL s building. During the course of the fire, the sprinkler systems go off, damaging T s office space and, in the melee that follows, resulting in the injuries of several of T s employees and T s guests. LL asks T to indemnify it and also gives notice to T s insurance carrier, asking the insurer to defend and indemnify it against these lawsuits. T s insurer also responds by stating that LL is not, in fact, insured under its policy, and that the certificate of insurance provided by T s insurance broker does not provide coverage.