Chartwell’s Patrick Heffron recently argued before the Pennsylvania Supreme Court in Bass Pro Outdoor World LLC v. Harrisburg Mall Limited Partnership. The case revolves around the enforcement of a lease provision where Harrisburg Mall agreed to indemnify and hold Bass Pro harmless for attorney’s fees in the event a claim was made arising with respect to use of a common area (parking lot). Bass Pro sought legal fees from Harrisburg Mall following a claim being made involving a trip and fall in the parking lot. The justices raised compelling questions regarding the interpretation of indemnification provisions, with a focus on whether there must be proof or a judgment before the mall is required to cover legal expenses per the lease agreement. We await the Court’s decision.
