Cochrane Roofing & Metal Co. v. Callahan
In Cochrane Roofing & Metal Co. v. Callahan, 472 So. 2d 1005 (Ala. 1985) the indemnitor, a roofing subcontractor, pleaded and proved without contradiction that, because of the delay of the indemnitee, the general contractor, in notifying the indemnitor of the suit for defective roofing, "the roof, the subject of the suit, had been re-covered by another contractor, preventing the subcontractor the indemnitor from investigating the problem." 472 So. 2d at 1007.