Smith v. Lawyers Surety Corp.

INGRAM, Justice.

Martha Brooks Smith appeals from a summary judgment in favor of Lawyers Surety Corporation in its action against Smith seeking indemnity for Lawyers Surety’s costs and expenses incurred in the defense of its bond, issued to Smith as administratrix of the estate of her deceased sister, Lila Mae Brooks.

On March 3, 1988, Lawyers Surety issued an administrator’s bond in the amount of $40,000 to Smith. During the administration of Lila Mae’s estate, Louis Brooks — Smith’s brother — sued Smith, in her individual capacity, for allegedly forging his name to certain insurance checks…