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P0754 A party who accepts an assignment of the right to sue for indemnity steps into the assignor's shoes regarding its liability for attorney fees under the contract and under the reciprocal attorney fee rule, requiring a contract calling for the award of attorney fees to one party successful in litigation arising from it to be read as calling for the same benefit to all parties; the party from whom indemnity was unsuccessfully sought may be entitled to fees incurred in proving its freedom from fault in the underlying third party claim.
ERICKSON v R.E.M. (Fee Assignment) 126 CA4 1073 [See: CivC 1717; Heppler v Peters 73 CA4 1265, T/AT 9/99; Abdallah v United 43 CA4 1101]
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