Ohio Farmers Ins. Co. v. Marcelli Construction Co.

1 Citing case

  1. Fidelity Deposit Company v. A-Mac Sales Builders Co.

    Case No. 04-72643 (E.D. Mich. Jun. 5, 2006)

    Controlling case law imposes only a good faith requirement on sureties exercising their rights under an indemnity agreement. Transamerica Ins. Co. v. Bloomfield, 401 F.2d 357 (1968); Ohio Farmers Ins. Co. v. Marcelli Construction Co., 2001 Mich. App. LEXIS 2338, decided on Nov. 9, 2001 (Docket No. 221502). Here, even if the Court assumes for purposes of this Opinion that all of the Indemnitors' assertions are true, the Court cannot find that Plaintiff acted in contravention of the Indemnity Agreement, including any requirement of good faith.