RELIANCE INSUR. CO. v. Jack's Construction Co.

This action was for breach of a written indemnity agreement under which the shareholders of Jack's Construction Co.,1 the Jacksons and the Flemings, agreed to hold Reliance Insurance Co. harmless from claims in consequence of Reliance becoming surety for Jack's upon performance and payment bonds. The trial court, after a hearing ore tenus, held that Reliance's branch bond manager, Klein, had released the Jacksons and the Flemings from personal indemnity. We affirm.

Reliance executed bonds for Jack's during the years 1964 through 1967, with the defendant, Fleming, and others as personal…