Legal Opinion
T&R Painting Construction Inc. v. St. Paul Fire & Marine Insurance
California Court of Appeal
Decided March 22, 1994No. B076895PublishedCited by 18 opinions
1Opinion of the Court
Opinion
BOREN, P. J.
The question presented by this appeal is whether the surety on a construction bond is liable for attorney fees incurred by a bond beneficiary. The beneficiary’s contract with the surety’s principal calls for the payment of fees to the prevailing party in the event of any legal action.
Following the statutory mandate that a surety’s liability is commensurate with that of its principal (Civ. Code, § 2808), we conclude that the surety is liable for the attorney fees that its principal was ordered to pay to the beneficiary after a legal dispute was resolved in favor of the…
2Cases cited16 opinions
- Reynolds Metals Co. v. AlpersonCalifornia Supreme Court · 1979
- Tally v. GanahlCalifornia Supreme Court · 1907
- Clark v. LesherCalifornia Supreme Court · 1956
- Jones v. DrainCalifornia Court of Appeal · 1983
- Millsap v. Federal Express Corp.California Court of Appeal · 1991
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Great American Insurance Co. v. North Austin Municipal Utility District No. 1Texas Supreme Court · 1995
- Alfaro v. Community Housing Improvement System & Planning Assn., Inc.California Court of Appeal · 2009
- Colorado Structures, Inc. v. Insurance Co. of the WestWashington Supreme Court · 2007
- Holland v. MORSE DIESEL INTERNAT., INC.California Court of Appeal · 2001
- Mesa Forest Products, Inc. v. St. Paul Mercury InsuranceCalifornia Court of Appeal · 1999
13 more not listed; retrieve them via the Exa API.