Miami, FL
Construction and development Lawyer at Miami, FL
Practice Areas: Construction & Development, Litigation ... +3 more
OUTCOME: Win for Surety
Indemnitors argued indemnity agreement was void because Surety did not register with the Texas Secretary of State. Surety successfully avoided dismissal of indemnity suit because registration is not re ... quired as it is registered as an insurer.
OUTCOME: Win for Surety
Successfully moved to disqualify counsel for co-defendant obligee of bond showing interests were adverse and rest of required factors.
OUTCOME: Surety wins against indemnitor
Represented the Surety where administrator of a decedent's estate applied for a bond on a generic form that did not identify a particular surety. The application included an indemnity agreement, and th ... e estate's attorney signed the application as an indemnitor. After the bond was issued, the court required a larger bond. A different surety issued the second, larger bond. The administrator was eventually removed, and a judgment entered against her for an amount less than the penal sum of the first bond. The surety on the second bond paid the judgment and sued the indemnitor. The trial court entered summary judgment for the surety, and the indemnitor appealed. The indemnitor argued that his agreement was only with the first surety and he never promised to indemnify for losses on the second bond. The court held that the agreement by its unambiguous terms applied to any “substituted or changed bond” and was not limited to any particular surety. Indeed, it was signed and sent to the producer to commence the process of obtaining a bond before any surety was identified. Accordingly, the court affirmed judgment for the surety.
OUTCOME:
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