Fidelity & Deposit Co. v. Bondwriter Southwest, Inc.

OPINION

GEMMILL, Judge.

¶ 1 Fidelity and Deposit Company of Maryland (“Fidelity”) sued Bondwriter Southwest, Inc., David Sparks, and Katherine Stanton (collectively “Bondwriter”) for breach of contract and negligence. After a three-day bench trial, the court ruled in Fidelity’s favor on both claims and found Fidelity sustained damages in excess of $511,000. The court also concluded that Bondwriter was only five percent at fault and awarded Fidelity judgment against Bondwriter for $25,533.04. Fidelity appeals the court’s judgment, arguing that the trial court erred by apportioning its contract…