Kilgore v. Union Indemnity Co.

The action is by the surety on an official bond against the principal to recover attorneys’ fees incurred and paid by the surety in defense of damage suits brought against principal and surety on the bond.

The action is based on an indemnity covenant or agreement incorporated in.the application to the bonding company, and which reads: “ * * * in consideration of the Union Indemnity Company executing the bond herein applied for or any continuation thereof I do hereby covenant, promise and agree to pay the premium or fees hereinafter agreed upon, viz., Fifty Dollars ($50.00) per annum in…