Broadwater v. Old Republic Surety

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a lost instruments bond was \intended to safeguard and indemnify\ the obligee stockbroker, not to protect third parties \from purchasing a stock certificate that has been reported lost or stolen\
• noting that the third-party exception applies only “to the recovery of fees incurred in resolving third-party disputes caused by a defendant’s negligence” and does not extend to “fees incurred in recovering damages from that defendant”
• affirming denial of motion to strike affidavit because not relevant to issues and admission was not prejudicial
• “Under both Beck and Ammerman, the duty of an insurer to deal fairly is derived from the insurance contract.”
• “A third party who benefits only incidentally from the performance of a contract has no right to recover under that contract.”
• \The rule only applies to the recovery of fees incurred in resolving third-party disputes caused by a defendant's negli-genee. It does not apply to fees incurred in recovering damages from that defendant.\

Source: CourtListener parenthetical corpus (CC0).