Fidelity & Guaranty Insurance v. Arlyn Davis Construction LLC

MEMORANDUM **

Gross & Son, Inc., A.W. Davis, Frieda Davis and E. Gene Gross (collectively “the defendants”) appeal the district court’s judgment, entered after a bench trial, enforcing an indemnity agreement and awarding attorney fees in favor of Fidelity and Guaranty Insurance Company. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court concluded that Fidelity’s forbearance from taking actions it legally was entitled to take constituted consideration for the indemnity agreement. That conclusion was not erroneous. Fidelity could have notified the City of McMinnville…