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International Fidelity Insurance Co. v. North Shore Environ-mental Solutions Inc.

Indemnity agreement requires indemnitors to reimburse insurance company for payments.

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Judge Glasser

INTERNATIONAL FIDELITY INSURANCE CO. v. NORTH SHORE ENVIRONMENTAL SOLUTIONS — In this diversity action brought by a surety for reimbursement from the defendants pursuant to an indemnity agreement, plaintiff International Fidelity Insurance Company (“IFIC”) has moved for summary judgment. IFIC issued a payment performance bond to defendants North Shore Environmental Solutions, Inc. (“North Shore”) and North Shore Energy Saver, Inc. (collectively, the “North Shore Defendants”), and the parties entered into an Agreement of Indemnity (the “Indemnity Agreement”) pursuant to which IFIC had the right to settle any and all claims made against the indemnitor. Subsequently, IFIC entered into a settlement of a class action suit against North Shore. It now seeks indemnification. The only defense against this motion is to show that IFIC entered into the settlement in bad faith. Although defendants attempt to muddy the factual waters with various conclusory allegations of bad faith, for the reasons set forth below, IFIC’s motion is granted.

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