Legal Opinion
Fidelity & Deposit Co. v. Parsons & Whittemore Contractors Corp.
New York Court of Appeals
Decided October 25, 1979PublishedCited by 47 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
By incorporation in its performance bond of a subcontract containing a broad arbitration clause, the surety company agreed that disputes arising under the subcontract between the general contractor and the subcontractor would be submitted to arbitration and that it would be bound by the determinations made in such arbitration. This being so, the surety company was not entitled to a stay of such arbitration. It did not agree, however, that separate and distinct controversies, if any, which might arise under the terms of the performance bond between the general…
2Cases cited3 opinions
- Matter of Lehman v. OstrovskyNew York Court of Appeals · 1934
- Madawick Contracting Co. v. Travelers InsuranceNew York Court of Appeals · 1954
- P R Post Corp. v. Maryland Casualty Co.Michigan Supreme Court · 1978
3Cited by47 opinions
- Aggrow Oils, L.L.C. v. National Union Fire Insurance Company of Pittsburgh, PaCourt of Appeals for the Eighth Circuit · 2001
- Chase Commercial Corp. v. OwenMassachusetts Appeals Court · 1992
- Exchange Mutual Insurance Company v. The Haskell Company, Rogersville Paving Company, Inc. John Mack Pierce and Mack SlaughterCourt of Appeals for the Sixth Circuit · 1984
- Boys Club of San Fernando Valley, Inc. v. Fidelity & Deposit Co.California Court of Appeal · 1992
- Kearsarge Metallurgical Corp. v. Peerless InsuranceMassachusetts Supreme Judicial Court · 1981
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