Exoneration Of Surety

12 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Miller
  539 F.2d 445· 5th Cir.· 1976-09-24 ·cited 32×
  A surety remains liable on an appearance bond during a reasonable postponement of sentence execution if the bond's terms so provide, and the pronouncement of sentence does not automatically exonerate the surety.
• United States on Behalf & for the Benefit of Army Athletic Ass'n & Naval Acad. Athletic Ass'n v. Reliance Ins. Co.
  799 F.2d 1382· 9th Cir.· 1986-09-16 ·cited 14×
  Material modifications to a bonded contract, made without the surety's knowledge or consent, can exonerate the surety from liability, especially when those modifications are prejudicial.
• Ford Motor Co. v. Transp. Indem. Co.
  795 F.2d 538· 6th Cir.· 1986-06-30 ·cited 13×
  The court held that a carrier's processing of damage claims under ICC regulations does not create a prima facie case of liability against its insurer, and that certain defenses raised by the insurer were not affirmative defenses and thus not waived.
• Milwaukee Constr. Co. (Inc.) v. Glens Falls Ins. Co.
  367 F.2d 964· 9th Cir.· 1966-10-24 ·cited 11×
  A surety can seek equitable relief, specifically specific performance of an indemnity agreement, to compel a principal to deposit funds as collateral when the principal has defaulted and the surety faces potential liability, even if the exact amount of loss is not yet precisely d
• Bankers Ins. Co. v. State
  437 So. 2d 708· Fla. 2d DCA· 1983-07-06 ·cited 6×
  Bankers Insurance Company, as surety on bail bonds for seven defendants charged with RICO and marijuana trafficking offenses, appeals the trial court's denial of its motion to set aside a judgment of bond estreature. The court affirmed, holding that amendments to the criminal cha
• Worthley v. State
  320 So. 2d 479· Fla. 3d DCA· 1975-10-21 ·cited 5×
  A surety company's appeal of a bond forfeiture judgment is affirmed because the surety was not released upon the defendant's acceptance into a Pre-Trial Intervention Program and the motion to vacate was untimely filed.
• Resolute Ins. Co. v. State
  289 So. 2d 454· Fla. 3d DCA· 1974-01-08 ·cited 4×
  Resolute Insurance Company, as surety on a bail bond, appeals a final judgment of forfeiture after the principal failed to appear in court. The court held that an earlier order vacating a forfeiture due to the principal's incarceration did not cancel the bond, and the surety rema
• Madison Cnty. Farmers Ass'n v. Am. Emp'rs' Ins. Co.
  209 F.2d 581· 8th Cir.· 1954-01-26 ·cited 4×
  A compensated surety is still considered a surety under Arkansas law for the purpose of statutory defenses, and failure to comply with notice requirements exonerates the surety from liability.
• Glens Falls Indem. Co. v. Basich Bros. Const. Co.
  165 F.2d 649· 9th Cir.· 1948-02-03 ·cited 4×
  The court held that the appellee's payments for the subcontractor's account did not alter the surety's obligation or impair its rights, and that timely notice of default was given.
• United States v. Carr
  608 F.2d 886· 1st Cir.· 1979-11-05 ·cited 2×
  The court held that the language of the bail bond, as interpreted under federal law, extended the sureties' obligation beyond the arraignment to cover the defendant's appearance throughout the criminal proceedings until they were duly exonerated.
• United States v. Tito Campanella Societa di Navigazone. the Tito Campanella
  214 F.2d 457· 4th Cir.· 1954-07-19 ·cited 2×
  A cash deposit made in lieu of a surety bond to secure the release of a seized vessel cannot be withdrawn by surrendering the vessel pending appeal, as the deposit permanently replaces the vessel.