· 5/8/1998
United States Fidelity & Guaranty Co. v. Feibus
Citations
- 15 F. Supp. 2d 579
- 1998 U.S. Dist. LEXIS 11615
- 1998 WL 429798
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the terms of the indemnity agreement governed and its language \does not require that payments be made only in the face of actual liability under the bonds\
- concluding that evidence that a surety settled a claim despite the principal’s allegations that the owner was in default could not establish bad faith when the principal ignored numerous requests to post collateral
- concluding that evidence that a surety settled a claim despite the principal's allegations that the owner was in default could not establish bad faith when the principal ignored numerous requests to post collateral
- rejecting indemnitors’ arguments that there must be actual liability under the bonds before the surety may recover from the indemnitors
- rejecting principal's argument that surety had acted in bad faith where principal failed to submit evidence of dishonest purpose or improper motive in surety's failure to investigate claims
- evidence of excessive payments on claims does not rise to the level of bad faith
Source: CourtListener parenthetical corpus (CC0).
Judges: Caputo
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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