United States Fidelity & Guaranty Co. v. R.W. Lutz Electrical Contractor Inc.

DOWLING, J.,

This action is for indemnification by plaintiff-surety against defendants for expenses and attorneys’ fees in connection with a federal action brought against it by defendant Lutz’s supplier, Willow Branch Industries Inc. Defendants have counterclaimed for losses incurred in reimbursing plaintiff when it improperly paid one of defendant’s suppliers on another project, and for refusing to further bond defendants. This counterclaim alleges in count I that by paying the disputed monies and subsequently refusing to issue further bonds, plaintiff was negligent, and in count II that by…