Legal Opinion
Alberici Constructors, Inc. v. Ohio Farmers Insurance Co.
Indiana Supreme Court
Decided May 22, 2007No. 94S00-0612-CQ-488PublishedCited by 2 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
The U.S. District Court for the Northern District of Indiana has certified to us a question of Indiana law, pursuant to Indiana Appellate Rule 64:
Does a performance bond required by and issued in accordance with Ind.Code § 8-23-9-9 afford coverage to a third-tier claimant?
We now answer that Ind.Code § 8-23-9-9 does not afford coverage to claimants who do not have privity of contract with the general contractor or a subcontractor.
Facts and Procedural History
On or about May 27, 2004, the Indiana Department of Transportation (“INDOT”) awarded Primeo, Inc. a construction…
2Cases cited9 opinions
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- JW Bateson Co. v. United States Ex Rel. Bd. of Trustees of Nat. Automatic Sprinkler Industry Pension FundSupreme Court of the United States · 1978
- Marks v. StateIndiana Supreme Court · 1942
- Superior Construction Co. v. CarrIndiana Supreme Court · 1990
- Schrenker v. CliffordIndiana Supreme Court · 1979
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3Cited by2 opinions
- Bart Whitesitt v. Town of KnightstownIndiana Court of Appeals · 2013
- GRADEX, INC. v. ArbuckleIndiana Court of Appeals · 2009