Berkley Insurance Company v. Hawthorn Bank

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION BERKLEY INSURANCE COMPANY, ) and ) BERKLEY REGIONAL INSURANCE ) COMPANY, ) ) No. 2:16-cv-04136-NKL Plaintiffs, ) ) v. ) ) HAWTHORN BANK, ) ) Defendant. ) ORDER Plaintiffs Berkley Insurance and Berkley Regional Insurance are surety companies1 that issued payment and performance bonds on behalf of Jefferson City Industries (JCI), a construction contractor. Berkley entered into an Indemnity Agreement with JCI, requiring JCI to repay Berkley if Berkley had to pay on the bonds. Defendant Hawthorn Bank was…