Legal Opinion

Dependable Insurance Company, Inc. v. The United States

Court of Appeals for the Federal Circuit

Decided April 27, 1988No. 87-1547PublishedCited by 29 opinions

1Opinion of the Court

OPINION

MAYER, Circuit Judge.

This is an appeal from a decision of the United States Claims Court, 12 Cl.Ct. 711 (1987), holding that a payment bond surety on a federal contract could not defeat the government’s right of setoff because of the surety’s status as the issuer of performance bonds on unrelated federal contracts. We affirm.

Background

The facts are not in dispute. Dependable Insurance Company, Inc. (Dependable) has acted for several years as both payment and performance bond surety for Hermes Paint Contractors, Inc. (Hermes). Due to multiple defaults by Hermes, Dependable has been…

2Cases cited7 opinions

  1. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  2. Balboa Insurance Company v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  3. Security Insurance Company of Hartford v. The United StatesUnited States Court of Claims · 1970
  4. Universal Surety Co. v. United StatesUnited States Court of Claims · 1986
  5. The Aetna Casualty and Surety Company v. The United StatesCourt of Appeals for the Federal Circuit · 1988

2 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. United Pacific Insurance Company, Reliance Insurance Company, and Reliance National v. United StatesCourt of Appeals for the Federal Circuit · 2006
  2. National American Insurance v. United StatesCourt of Appeals for the Federal Circuit · 2007
  3. National Fire Insurance Company Of Hartford v. Fortune Construction CompanyCourt of Appeals for the Third Circuit · 2003
  4. Travelers Indemnity Co. v. United StatesUnited States Court of Claims · 1988
  5. Transamerica Premier Insurance v. United StatesUnited States Court of Federal Claims · 1994

24 more not listed; retrieve them via the Exa API.

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