Southland Mall, L.L.C., v. Valor Security Services, Inc.

This is a breach of contract case. The service contract between the plaintiff shopping mall and the
defendant security company provided that the security companywould “defend, indemnify, and hold harmless” the mall for claims brought against the mall that related to or resulted from the services of the security company. An automobile accident on the mall parking lot resulted in the death of a child. The child’s mother sued the shopping mall and the security company for wrongful death. The complaint alleged that the driver of the car was under the observation of a security company agent who “was or should have been in contact with the driver” when the accident occurred. The security company refused to defend the mall, maintaining that the lawsuit did not result from the services it provided. The trial court granted summary judgment to the security company, holding that the security company had no duty to defend the suit. We reverse, finding that the language in the complaint was sufficient to trigger the duty to defend.