Transamerica Insurance v. H.V.A.C. Contractors, Inc.

ORDER

CARNES, District Judge.

This case is presently before the Court on Plaintiffs Motion for Summary Judgment on its indemnification claim [# 22-1] and on defendants’ counterclaim for negligence and breach of fiduciary duty [# 22-2]. The Court has reviewed the record and the arguments of the parties and, for the reasons set out below, concludes that plaintiffs motion should be granted.

Background

In 1984, H.V.A.C. Contractors, Inc. (“H.V.A.C.”) and its three officers (“defendants”) executed an Agreement of Indemnity to induce Transamerica (“plaintiff’) to issue payment and performance bonds on…