Judge: Amos Mazzant
Holding: Motions for Partial Summary Judgment Granted
This is a construction bond case in which plaintiff sought relief on several payment and performance bonds, asserting that the defendants failed to indemnify them when the plaintiffs received claims and incurred losses on each of the bonds.
After reviewing the applicable standards, the Court granted the partial summary judgment in the plaintiff's favor (the "partial" was because the plaintiff did not seek summary judgment on one of the bonds), finding that it had established both liability and damages in its motion. The defendant won partial summary judgment on its argument that the homestead waiver language in the indemnity agreement was void under Texas law. As a result of the rulings, the Court found that the defendants had breached their indemnity obligations, and were jointly and severally liable to indemnify the plaintiffs in the amount of $1,262,596.69.