United Bonding Insurance Company v. Stein

MEMORANDUM OPINION

WEINER, District Judge.

The defendants in this case move pursuant to Fed.R.Civ.P. 12(b) (6) to dismiss the action because plaintiff has allegedly failed to state a claim upon which relief can be granted. The plaintiff, in turn, is seeking specific performance of a “General Agreement of Indemnity” in which defendant petitioners have agreed, in paragraph 4, that:

If the [plaintiff] Company shall be required or deem it necessary to set up a reserve in any amount to cover any claim or claims under said bond(s), or for any other reason whatsoever, the [defendant] Indemnitor(s) will…