Legal Opinion

Herbie Way, and Sandy Way v. Reliance Insurance Company

Court of Appeals for the Fifth Circuit

Decided October 5, 1989No. 88-4895PublishedCited by 4 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

In this diversity case governed by Louisiana law, Reliance Insurance Company (Reliance) appeals a judgment the district court entered against it on a performance bond. We conclude that Reliance’s offer to issue a bond guaranteeing a contractor’s performance was never accepted and Reliance was never bound on the bond. We therefore reverse.

I

Herbie and Sandy Way hired a contractor, Craftbilt, Inc., to build their home. The construction contract obligated Craft-bilt to obtain a performance bond and consequently, Craftbilt contacted Reliance Insurance Company about…

2Cases cited4 opinions

  1. William F. Callejo, Individually and as Trustee, and Adelfa B. Callejo, as Trustee v. Bancomer, S.A.Court of Appeals for the Fifth Circuit · 1985
  2. Horace Mann Ins. Co. v. Casualty Reciprocal ExchangeLouisiana Court of Appeal · 1980
  3. Travelers Indem. Co. v. DucoteSupreme Court of Louisiana · 1980
  4. Rainey v. RileyLouisiana Court of Appeal · 1980

3Cited by4 opinions

  1. Dillard v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Fifth Circuit · 1992
  2. Fed. Sec. L. Rep. P 96,817, 1992-1 Trade Cases P 69,844 C.G. Dillard v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Carvel G. Dillard v. Security Pacific Corp., Carvel Dillard v. Security Pacific Brokers, Inc.Court of Appeals for the Fifth Circuit · 1992
  3. Dillard v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Fifth Circuit · 1992
  4. Dillard v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Fifth Circuit · 1992

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