Legal Opinion

Newbery Corp. v. Fireman's Fund Insurance Co.

Court of Appeals for the Ninth Circuit

Decided September 11, 1996No. Nos. 94-16806, 95-15336PublishedCited by 1 opinion

1Opinion of the Court

OPINION

O’SCANNLAIN, Circuit Judge:

We examine the application of the doctrine of recoupment in a breach of contract action brought by the debtor in a bankruptcy proceeding.

I

In early 1987, Newbery Electric, Inc. was a large electrical subcontractor with numerous projects pending.1 For a number of those projects, including the one at issue in the present appeal, Newbery obtained performance and payment bonds from its surety Fireman’s Fund. The bonds guaranteed that Newbery’s work would be completed and its employees and suppliers paid. In exchange, Newbery entered into a “General Indemnity…

2Cases cited37 opinions

Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
Reiter v. CooperSupreme Court of the United States · 1993
Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
Associated Indemnity Corp. v. WarnerArizona Supreme Court · 1985
United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. WoodwardCourt of Appeals for the Third Circuit · 1983

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3Cited by1 opinion

Newbery Corporation Newbery Electric, Inc., Plaintiffs-Counter-Defendants-Appellants, and Citibank (Arizona), Plaintiff-Intervenor-Appellant v. Fireman's Fund Insurance Company the American Insurance Company National Surety Corp. Associated Indemnity Corporation American Automobile Insurance Co., Defendants-Counter-Claimants-Appellees. Newbery Corporation Newbery Electric, Inc. v. Fireman's Fund Insurance Company the American Insurance Company National Surety Corp. Associated Indemnity Corporation American Automobile Insurance Co.Court of Appeals for the Ninth Circuit · 1996