These two distinct forms are not mutually exclusive. In any event complaint pleaded indemnity against loss. But even if it was construed as claiming indemnity against liability: “However, even if Count I constituted a claim for indemnification against liability, the claim did not become “fixed and established” until LGIC reached a settlement agreement with the estate—September 28, 2007.”
Lincoln General Insurance Co. v. Kingsway American Agency, Inc., Slip copy, 2013 WL 458449 (U.S. District Court for the Middle District of Pennsylvania, February 6, 2013). No free copy available at time of posting.