Fidelity and Deposit Company v. Edward E. Gillen Company

Brennan, Circuit Judge.

Although linguists call Latin a "dead language," legal nomenclature dies hard. This case presents a surety's claim for quia timet -equitable protection from probable future harm. The surety (an insurance company) is suing its principal (a construction company) that allegedly went belly up on a government project. The ancient equitable doctrine of quia timet remains viable into the 21st century, but the surety's claim in this case is a dead letter.

*321 I. Background

The relevant facts are straightforward and undisputed. About ten years ago, the Public Building Commission of…