Big Dutchman Inc. v. Midwest Livestock Systems, Inc., 1:12-CV-288, 2013 U.S. Dist. LEXIS 27392 (W.D. Mich. Feb. 28, 2013)

(plaintiff manufactured A-frame chicken cages, which defendant installed for customers; a dispute arose regarding the structural integrity of the A-frame cages that defendant had installed for a customer; defendant argued problems caused by plaintiff and plaintiff believed defendant's negligent installation allowed for rusting; a settlement agreement was reached between plaintiff and defendant concerning some claims made by defendant's customers in which plaintiff agreed to provide parts and defendant agreed to indemnify plaintiff; additional parts had rust issues and the customers received parts directly from plaintiff; plaintiff notified defendant regarding the claims, but defendant did not respond and plaintiff settled the claim; defendant brought summary judgment motion to plaintiff's claim for contractual indemnity; court held indemnification agreement was solely for claims arising from rusting brackets and later claims were for legs and cross arms, which were not covered by the agreement; court also held that plaintiff's decision to settle the claim was unreasonable as a matter if law because there was an statute of limitations issue, which would have been an absolute defense to the claims; plaintiff had no legal exposure on the claim; plaintiff's suit dismissed with prejudice).