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FCCI Insurance Co. v. Reytech Services, LLC

Court: ND Tx  06/23/2023  Insurer Denied Summary Judgment Under Indemnity Agreement Following Performance and Payment Claims Against Surety Bonds

A court of the Northern District of Texas denied an insurer’s motion for summary judgment regarding an indemnity agreement for losses under issued surety bonds, holding that the responding defendant was not an “affiliate” as defined in the agreement and that the insurer’s claim for common law indemnity fails where the responding defendant’s liability, if any, is not vicarious in nature.

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