Great American Insurance Co. v. North Austin Municipal Utility District No. 1

How courts have described this case

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

• recognizing that “suretyship involves a tripartite relationship between a surety, its principal, and the bond obligee, in which the obligation of the surety is intended to supplement an obligation of the principal owed to the bond obligee”
• noting that it is the obligee, not the surety, that controls the form of the bond and the terms of the incorporated contract
• noting that insurance involves spreading risks with no right of indemnity, while surety-ship involves risk of initial payment with full right of indemnity
• noting that surety has no control over the contract documents that define its liability
• noting that it is the obligee, not the surety, that controls the form of the bond and the terms of the incorporated contract
• holding claimant could not recover damages from performance-bond surety in excess of the face amount of the bond

Source: CourtListener parenthetical corpus (CC0).