Hymen Lake, Individually, and as Trustee v. Fidelity and Deposit Company of Maryland

CLARK, Circuit Judge:

In this dispute over the breadth of indemnity provided by a surety company to an owner, who at the surety’s request paid suppliers and subcontractors in preference to the prime contractor’s as-signee, we find that the district court based its denial of indemnity for the owner’s loss in a suit by the assignee upon too narrow a premise of indemnity liability. The record also fails to disclose sufficient facts and circumstances upon which a final resolution of the rights of the parties may be made. Accordingly, the judgment is vacated and the cause is remanded for further…