duty to indemnify that party for defense costs. Id. at 743-44. “[T]he duty to indemnify is not dependent on the duty to defend” and there may be a duty to indemnify “even if the duty to defend never arises.” Id. at 741. The duty to defend and the duty to indemnify “are independent and the existence of one does not necessarily depend on the existence or proof of the other.” Id. at 745. This is true even when a party is seeking indemnity for the cost of its defense. See id. at 742, 745 (remanding case to trial court on duty to indemnify issue in claim for reimbursement of defense costs and settlement payment, after determining that insurer owed no duty to defend); see also Garcia v. Sky Climber, Inc., 470 S.W.2d 261, 269-70 (Tex.Civ.App.-Houston [1st Dist.] 1971, writ ref'd n.r.e.) (<HOLDING>). The applicability of each distinct duty must
holding that attorneys fees and court costs are recoverable under general hold harmless indemnity agreement holding that attorneys fees and costs spent by an insurance company to defend against civil suit filed by defendant are not recoverable under the vwpa holding that lexis fees are not taxable as costs but reserving ruling on whether such fees are recoverable as attorneys fees holding that although attorneys fees are usually not recoverable unless permitted by statute or contract contractual or statutory authorization was not necessary in a malpractice claim to recover attorneys fees and costs as damages holding attorneys fees not generally recoverable unless party prevails under cause of action for which attorneys fees are recoverable and damages are recovered