Surety Liability

261 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• WMS Constr., Inc. v. Palm Springs Mile Assocs., Ltd.
  762 So. 2d 973· Fla. 3d DCA· 2000-05-31 ·cited 13×
  WMS Construction, a subcontractor, appealed a summary judgment that denied its lien claim based on alleged non-compliance with notice requirements under Florida's Construction Lien Law. The court reversed, holding that the payment bond issued was a conditional "pay-when-paid" bon
• State v. The Court of Crimes
  117 Fla. 26· Fla.· 1934-10-15 ·cited 13×
• Am. Bankers Ins. Co. v. Monroe Cnty.
  644 So. 2d 560· Fla. 3d DCA· 1994-10-12 ·cited 12×
  American Bankers Insurance Company appealed a bail bond forfeiture judgment, arguing that the state's unilateral addition of a conspiracy charge substantially altered the charges for which the original $50,000 bond was written. The court reversed, holding that such material chang
• The Sch. Bd. OF Pinellas Cnty. v. ST. Paul Fire & Marine Ins. Co.
  449 So. 2d 872· Fla. 2d DCA· 1984-03-30 ·cited 12×
  The School Board of Pinellas County sued its contractor's surety, St. Paul Fire & Marine Insurance Company, for latent defects discovered after accepting a completed school building. The trial court granted summary judgment for St. Paul, but the appellate court reversed, holding
• Cont'l Bank & Tr. Co. for the Lot Purchasers v. Am. Bonding Co.
  630 F.2d 606· 8th Cir.· 1980-09-10 ·cited 12×
  The court held that the district court erred by failing to deduct the unpaid contract price from the damages awarded, as required by the prior mandate, and that prejudgment interest was improperly awarded on an unliquidated claim.
• United States v. Calogero D'Anna
  487 F.2d 899· 6th Cir.· 1973-11-21 ·cited 12×
  A bail bond contract cannot be continued beyond sentencing without the surety's consent, as sentencing marks the final disposition of the case and terminates the surety's liability.
• United Bonding Ins. Co. v. Se. Reg'l Builders, Inc.
  236 So. 2d 460· Fla. 1st DCA· 1970-06-16 ·cited 12×
  United Bonding Insurance Company issued a performance bond naming Newman and Kenny, a partnership, as principal, but the principals altered the bond to designate themselves as a corporation without the surety's knowledge. When the subcontractor defaulted, the surety denied liabil
• Am. Cas. Co. OF Reading v. Irvin
  426 F.2d 647· 5th Cir.· 1970-04-22 ·cited 12×
  A surety's liability under a statutory bond continues until the termination date specified in its own cancellation notice, even if a replacement bond from a different surety is issued, unless the bond explicitly states otherwise.
• United States v. Summit Fid. & Sur. Co.
  408 F.2d 46· 6th Cir.· 1969-03-24 ·cited 12×
  The court held that a surety company is liable for forfeited bail bonds even if its agent failed to remit premiums or if the agent's authority was not formally revoked, as long as the agent had apparent authority and the surety failed to prove claims of invalid bond forms or forg
• Nat'l Union Indem. Co. v. R. O. Davis, Inc.
  393 F.2d 897· 5th Cir.· 1968-05-06 ·cited 12×
  The court held that premature payments did not release the surety, but the supplier's notice was untimely, thus releasing the surety from liability for that supplier's claim. Attorney's fees were not recoverable.
• Dragor Shipping Corp. v. Union Tank CAR Co.
  371 F.2d 722· 9th Cir.· 1967-01-04 ·cited 12×
  The court held that a supersedeas bond posted under 28 U.S.C. § 2101(f) to stay a judgment pending Supreme Court certiorari review can cover the costs of the appeal judgment, and the surety is liable for those costs.
• United States v. Peerless Cas. Co.
  255 F.2d 137· 8th Cir.· 1958-04-28 ·cited 12×
  The dissenting judge holds that the letter and telephone conversations did not satisfy the notice requirement of the Miller Act.
• Freeman Contractors, Inc. v. Cent. Sur. & Ins. Corp.
  205 F.2d 607· 8th Cir.· 1953-07-02 ·cited 12×
  The court held that the trial court erred in denying Freeman Contractors a jury trial on the issues of whether Kiewit breached the contract through unreasonable delays and whether Kiewit promised to reimburse Freeman Contractors for those delays.
• Laramore v. Laramore
  64 So. 2d 662· Fla.· 1953-04-10 ·cited 12×
  This case involved a dispute over the proper administration of Marvin L. Laramore's estate. The Florida Supreme Court held that a successor administrator could pursue a money judgment against a negligent original administrator and his surety for losses caused by the administrator
• F. H. McGRAW & Co., Inc. v. Milcor Steel Co.
  149 F.2d 301· 2d Cir.· 1945-02-28 ·cited 12×
  A creditor cannot reallocate payments previously applied to an existing debt to a subsequently arising debt, especially when a surety's liability is involved.
• Am. Sur. Co. of N.Y. v. Gedney
  136 Fla. 10· Fla.· 1939-01-20 ·cited 12×
  This case addresses whether a surety's liability on a bond can exceed its stated penalty when interest is included. The court held that interest can be collected on the principal debt from the time it became due, even if the total exceeds the bond's penalty, as it represents dama
• Grant v. Amiker
  120 Fla. 356· Fla.· 1935-07-05 ·cited 12×
  The Florida Supreme Court held that a court of equity may enforce liability on an administrator's bond against both the principal and sureties as an incident to an accounting action, provided the execution must first be sought against the principal unless shown to be insolvent, a
• Standard Accident Ins. Co. v. Duval Lumber Co.
  99 Fla. 525· Fla.· 1930-03-12 ·cited 12×
  Standard Accident Insurance Company, as surety on a builder's bond, appealed the sustained demurrers to three affirmative pleas in a suit by a materialman for unpaid building supplies. The Florida Supreme Court affirmed, holding that the pleas were fatally defective and did not e
• Globe Constr. Co. v. Okla. City Hous. Auth.
  571 F.2d 1140· 10th Cir.· 1978-01-13 ·cited 11×
  The court affirmed judgments against General Insurance, holding that a bankruptcy stay on the debtor does not extend to the surety and that releasing a judgment against the debtor does not release the surety. Judgments against Globe were vacated due to the bankruptcy proceedings.
• Fid. & Deposit Co. OF Md. v. The Atl. Nat'l Bank OF Jacksonville
  234 So. 2d 736· Fla. 3d DCA· 1970-04-28 ·cited 11×
  Fidelity and Deposit Company appeals a judgment on a supersedeas bond posted in a mortgage foreclosure case. The court affirmed the judgment, holding that a supersedeas bond in a foreclosure action is conditioned only on payment of interest, costs, and damages for delay—not the u
• Century Indem. Co. v. Riddell
  317 F.2d 681· 9th Cir.· 1963-04-30 ·cited 11×
  The court held that the surety was the 'employer' for withholding tax purposes for the entire period because it possessed legal control over wage payments, and the lower court erred in splitting the period.
• Laramore v. Laramore
  49 So.2d 517· Fla.· 1950-12-22 ·cited 11×
  The Supreme Court of Florida affirmed a lower court's decision to set aside a county judge's order that had declared an estate administration unnecessary and discharged the administrator. The court found the order void because the estate's value exceeded statutory limits for disp
• Columbia Cas. Co. v. Right Reverend Patrick Barry
  111 Fla. 517· Fla.· 1933-07-13 ·cited 11×
  Columbia Casualty Co. and contractor Louis Fleisher Construction Co. appealed a judgment for the building owner, Right Reverend Patrick Barry, arising from contractor default and non-payment of sub-contractors. The Florida Supreme Court affirmed, holding that contractual provisio
• N. Am. Specialty Ins. Co. v. Hughes Supply, Inc.
  705 So. 2d 616· Fla. 4th DCA· 1998-01-07 ·cited 10×
  A payment bond containing a conditional payment legend under section 713.245, Florida Statutes, must be construed as an unconditional section 713.23 bond if the underlying contracts lack express conditional payment language.
• The Trs. OF Ind. Univ. v. The AETNA Cas. & Sur. Co.
  920 F.2d 429· 7th Cir.· 1990-12-11 ·cited 10×
  The court affirmed the jury verdict and judgment for Aetna, finding no reversible error in the denial of summary judgment or the jury instructions regarding warranty liability, causation, and waiver.
• Appearance Bond Sur. v. United States
  622 F.2d 334· 8th Cir.· 1980-05-09 ·cited 10×
  The court held that the district court abused its discretion by only remitting $75,000 of the forfeited appearance bond, as the government's expense and inconvenience were minimal.
• Cont'l Bank & Tr. Co. for the Lot Purchasers v. Am. Bonding Co.
  605 F.2d 1049· 8th Cir.· 1979-08-29 ·cited 10×
  The surety is liable on the performance bonds, but the measure of damages awarded by the district court was erroneous and requires redetermination.
• State v. Houdaille Indus., Inc.
  372 So. 2d 1177· Fla. 1st DCA· 1979-07-18 ·cited 10×
  The court held that a performance bond is a statutory bond under Florida law even though it does not explicitly reference the notice provisions and time limitations of Section 255.05(2), as long as it cites the statute and does not expand the surety's minimum obligations beyond w
• United States v. Clemente Marquez
  564 F.2d 379· 10th Cir.· 1977-10-25 ·cited 10×
  The court held that the bond contract's language clearly obligated the sureties to ensure the defendant's appearance post-conviction, and the sureties were not entitled to notice of the forfeiture declaration itself.
• Cont'l Cas. Co. v. Associated Pipe & Supply Co., Inc.
  447 F.2d 1041· 5th Cir.· 1971-07-29 ·cited 10×
  The court held that the pipeline is a structure contemplated by the Louisiana Private Works Statute and that the bond provided by Continental Casualty Company was a statutory bond, making the surety personally liable. It also held that the Oil Well Lien Statute applied to the pip
• Kleinman v. BAL Harbour Towers, Inc.
  188 So. 2d 398· Fla. 3d DCA· 1966-06-14 ·cited 10×
  Contractors sued to enforce a mechanic's lien against a property owner and window subcontractor, with the lien transferred to a surety bond. The trial court dismissed the surety company and ruled against the contractors' claims against the subcontractor. The appellate court affir
• The Hartford Accident & Indem. Co. v. State OF Kan. ex rel. Harold R. Fatzer
  247 F.2d 315· 10th Cir.· 1957-07-24 ·cited 10×
  The court held that grain delivered for storage, even without a formal warehouse receipt (i.e., in "open storage" evidenced by scale tickets), is covered by the warehouseman's bond, and that the surety is liable for losses occurring during periods of delayed license renewal if th
• Bill Curphy Co. v. Elliott
  207 F.2d 103· 5th Cir.· 1953-09-09 ·cited 10×
  A surety's liability on a performance bond is limited to the face amount of the bond, and a claim for money loaned to a subcontractor, even if used for labor and materials, is not covered by a Miller Act bond.
• Tilghman v. The United States Fid. & Guar. Co.
  90 Fla. 282· Fla.· 1925-07-31 ·cited 10×
  W.G. Tilghman sued United States Fidelity & Guaranty Company on a forthcoming bond, seeking recovery of the penalty when the defendant failed to produce property subject to a perfected lien that had been attached and then released. The Florida Supreme Court reversed, holding that
• Fayetteville Invs. v. Commercial Builders
  936 F.2d 1462· 4th Cir.· 1991-06-28 ·cited 9×
  The court held that the district court erred in applying Rule 60(b) standards to a motion for reconsideration of an interlocutory order and failed to properly interpret the terms of the performance bond regarding the statute of limitations.
• Ranger Constr. Co. v. Prince William Cnty. Sch. Bd.
  605 F.2d 1298· 4th Cir.· 1979-08-03 ·cited 9×
  The court held that attorney's fees incurred in establishing a breach of contract are not recoverable under a performance bond, but fees for completing the contract after termination are. The court also disallowed claims for non-conforming work and warranty absence, and upheld th
• S. Am. Fire Ins. Co. v. The State of Fla. for the Use & Benefit of Dade Cnty.
  270 So. 2d 374· Fla. 3d DCA· 1972-12-12 ·cited 9×
  A surety company appeals the denial of its motion to vacate a final judgment of bond forfeiture entered against it when its principal failed to appear in criminal court. The court affirmed the denial, holding that the criminal court lacked jurisdiction to vacate the forfeiture af
• Travelers Indem. Co. v. Mercer
  250 So. 2d 283· Fla. 4th DCA· 1971-07-21 ·cited 9×
  Travelers Indemnity Company, as surety on a replevin bond, appeals a judgment holding it liable to Federal Insurance Company, an intervenor-defendant. The court holds that when a party properly intervenes as a defendant in a replevin action, it becomes a beneficiary under the sur
• Moran Towing Corp. v. M. A. Gammino Constr. Co.
  363 F.2d 108· 1st Cir.· 1966-06-27 ·cited 9×
  The court held that the trial court erred in dismissing claims for damage caused by the skip box and groundings, and that the surety's bond covered such damages. However, the court affirmed the dismissal of claims related to rock damage due to insufficient proof.
• Doyle E. Carlton v. Constitution Indem. Co.
  117 Fla. 143· Fla.· 1934-10-31 ·cited 9×
  The Governor of Florida sued a surety company on a bond given to secure performance of a franchise to construct a toll bridge across the Apalachicola River in Franklin County. The court held that the bond was unenforceable because the franchise itself was invalid, having been ext
• Pittman's Administrator v. Myrick
  16 Fla. 692· Fla.· 1878-06-15 ·cited 9×
  A bond of indemnity executed by an administratrix to protect a co-administrator who surrenders estate assets is an obligation to indemnify against the administrator's personal liability arising from administration, not a personal covenant to pay third-party debts of the estate. T
• Bayview Constr. Corp. v. Jomar Props., LLC.
  97 So. 3d 909· Fla. 4th DCA· 2012-08-29 ·cited 8×
  Bayview Construction sought certiorari review of a trial court order reducing a construction lien transfer bond from $1,602,455.40 to $1,297,991.70 based on an arbitration award. The Fourth District Court of Appeal found certiorari jurisdiction was proper because the reduction co
• DCC Constructors, Inc. v. Randall Mech., Inc.
  791 So. 2d 575· Fla. 5th DCA· 2001-08-10 ·cited 8×
  DCC Constructors appeals a summary judgment ruling that a performance bond issued by American Alliance Insurance had no liability for deficiencies in an HVAC system installed by subcontractor Randall Mechanical. The court reversed, holding that the surety's obligations were trigg
• United States v. Utex Int'l Inc.
  857 F.2d 1408· Fed. Cir.· 1988-09-08 ·cited 8×
  The court held that the final liquidation of the entry discharged the surety from liability on the bond because the government failed to take timely action according to customs law and regulations.
• Harvesters Grp., Inc. v. Westinghouse Elec. Corp.
  527 So. 2d 257· Fla. 3d DCA· 1988-06-07 ·cited 8×
  Harvesters Group and its surety appealed a judgment against them in favor of Westinghouse Electric for unpaid materials supplied to a public construction project. The court reversed, holding that Westinghouse failed to comply with statutory notice requirements under Florida Statu
• Glen Johnson, Inc. v. L.M. Howdeshell, Inc.
  520 So. 2d 297· Fla. 2d DCA· 1988-01-22 ·cited 8×
  Glen Johnson, Inc. and its surety, American Insurance Company, appeal a judgment in favor of subcontractor L.M. Howdeshell for amounts due under a construction subcontract. The court affirms the underlying judgment but reverses the attorney's fees award to the extent it included
• Cincinnati Ins. Co. v. Putnam
  335 So. 2d 855· Fla. 4th DCA· 1976-07-30 ·cited 8×
  The appellate court reversed a summary judgment, finding a genuine issue of material fact regarding a lien claim against a surety. The core issue was whether the claimant had a direct contractual relationship with the property owner or the contractor, which would determine the su
• Travelers Indem. Co. v. Hous. Auth. OF the City OF Miami
  256 So. 2d 230· Fla. 3d DCA· 1972-01-04 ·cited 8×
  Travelers Indemnity Company appeals a judgment awarding damages to Wall Plastering Company for delay and breach of a construction subcontract, arguing the payment and performance bond does not cover such claims. The court affirmed, holding that the bond's broad language extends c
• United States for the Use of DuKANE Corp. v. United States Fid. & Guar. Co.
  422 F.2d 597· 4th Cir.· 1970-03-03 ·cited 8×
  The court held that DuKane, as a supplier to a sub-subcontractor, lacked a direct contractual relationship with the general contractor under the Miller Act and failed to provide timely notice. The surety's liability was limited to labor and materials furnished, and it was not lia
• Golden W. Constr. Co. v. United States for the Use & Benefit of George Bernadot
  304 F.2d 753· 10th Cir.· 1962-05-31 ·cited 8×
  The court held that the Miller Act claim was timely filed, a letter detailing an oral agreement was admissible, the surety was not prejudiced by contract modifications, and interest against the surety should only be awarded from the date of suit commencement.