In Fisk Elec. Co. v. Constructors Assoc. Inc., the indemnity clause provided that "[t]o the fullest extent permitted by law, [Fisk] shall indemnify, hold harmless, and defend [Constructors]... from and against all claims, damages, losses, and expenses, including but not limited to attorney's fees..."
Explaining that a contract for indemnity is read as any other contract, such that the words and phrases in the agreement are given their "ordinary, popular, and commonly accepted meaning," and once the parties' intent is ascertained, the doctrine of strictissimi juris applies
In Tubb, the court noted that a right to bring suit with respect to a promise to indemnify against damages "does not accrue until the indemnitee has suffered damage or injury by being compelled to pay the judgment or debt."
In Continental Steel Co. v. H.A. Lott, Inc., 772 S.W.2d 513 (Tex.App. 1989), the court found that the express negligence doctrine did not apply to the determination of an indemnitor's duty to indemnify when an indemnitee is found not negligent and is not seeking reimbursement for loses that are not related to the indemnitee's negligence.