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Allied World Insurance Co. v. American Western Steel, LLC

Court: SD Tx  12/17/2018  Court Grants Surety'sMotion for Summary Judgment Addressing Breach of Indemnity Agreement in Connection with Surety Bonds

Court finds that suretywas entitled to summary judgment on its claims against principal for breach of indemnity agreement because impossibility of performing the undelrying construction contract did not make compliance with the indemnity agreement impossible. Further, the fact that damages were caused by third parties did not allow the principal to avoid its obligations. Finally, the prinicpal's argument that the surety paid too much under the bonds did not survive scrutiny under the terms of the agreement.

surety bonds, indemnity agreement, impossibility, damages caused by third parties, failure to mitigate

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