Balboa Insurance Co. v. Webster

The surety of a used auto sales corporation appeals from a trial court order granting with prejudice the defendant’s motion to dismiss the surety’s complaint for indemnification. For the reasons which follow we reverse and remand for further proceedings.

As a condition to obtaining a statutorily required surety bond pursuant to section 320.27(10), Florida Statutes (1973), Jerry Webster and his wife, Bernette, entered into an indemnification agreement dated June 7,1975, with the surety, Balboa Insurance Co. The surety bond was issued on June 10, 1975, and a continuation certificate was issued…