Republic Insurance v. Pat Dinardo Auto Sales, Inc.

The plaintiff, as surety, and the defendants, as principals, executed a surety bond for the completion of subdivision improvements for the town of Monroe by the defendants. The plaintiff executed this bond in consideration for the defendants’ signing an indemnity agreement that provided in part that the defendants would indemnify the plaintiff “from and against any and all liability, loss, costs, damages, attorney’s fees and expenses of whatever kind or nature which [the plaintiff] may sustain or incur by reason or in consequence of executing any such bond or bonds as surety. ...”

The…