United States ex rel. Bussen Quarries, Inc. v. Thomas

FAGG, Circuit Judge.

Joan V. Thomas and her husband, Melvin C. Thomas, signed an agreement promising to indemnify Indiana Lumbermens Mutual Insurance Company (ILM) for any costs incurred as a result of payment and performance bonds ILM issued for construction projects undertaken by Melvin Thomas’s business, M.C. Thomas Construction Company, Inc. (M.C. Construction). After M.C. Construction defaulted on two projects for which ILM issued bonds under the agreement, the United States filed the underlying case on behalf of Bussen Quarries, Inc. against ILM as M.C. Construction’s surety, and M.C.…