- 48 C.F.R. § 2.101 - Definitions
369 F.3d 34 (2nd Cir. 2004), 02-9185, United States Fidelity and Guar. Co. v. Braspetro Oil Services Co.
...For example, the Consortium did not close on the purchase of the drilling platform ... of the law' once enjoyed by the surety, at a time when most suretyship obligations were uncompensated, is clearly a thing of the past." Julia ...
46 F.3d 230 (2nd Cir. 1995), 214, Rachman Bag Co. v. Liberty Mut. Ins. Co.
...at 1288; see 63 N.Y.Jur.2d Guaranty & Suretyship Sec. 181. This principle is expounded in First Citizens Bank & Trust Co. ...In Damon, for example, the obligee itself had convinced the principal to transfer the notes to ...
934 F.2d 30 (2nd Cir. 1991), 1325, Borey v. National Union Fire Ins. Co. of Pittsburgh, Pa.
...Shapiro, 633 F.2d 139, 142 (2d Cir.1980); 74 Am Jur.2d Suretyship Sec. 174, at 122 (1974); Restatement of Security Sec. 112 (1941). ...When, for example, the principal has a defense against the surety, but not against the ...
- Louisiana Future Advance Mortgages: A 20-Year Retrospective
435 F.3d 431 (3rd Cir. 2006), 04-3714, Canal Ins. Co. v. Underwriters at Lloyd's London
...The foregoing examples of "Business Use" are illustrative and non-exhaustive. . (Emphasis ... . Id. The MCS-90 endorsement is, in effect, suretyship by the insurance carrier to protect the public - a.k.a. a safety net. ...
2 F.3d 613 (5th Cir. 1993), 92-3376, Abbott v. Equity Group, Inc.
... 50 First, appellants' reliance on codal suretyship arguments is misplaced. They seek to nullify the indemnity agreements, not ...Here, for example, appellants' Rule 10b-5 theory was not based on misrepresentations ...
United States v. Liberty Mutual Insurance Co., 041219 FED8, 18-1455
...See generally. Restatement (Third) of Suretyship & Guaranty § 71. (1996). Federal Acquisition Regulations expressly ... litigated in the bench trial. For example, in response to. Fidelity's contention that Liberty failed to ...
555 F.3d 647 (8th Cir. 2009), 07-1547, Spirtas Co. v. Insurance Co. of State of Pa.
...Although ICSP held several suretyship defenses,2 the primary focus of the arbitration was not on ICSP's ...ICSP held separate suretyship defenses. For example, ICSP claimed overpayment by the property owner because the property owner ...
SC Lawyer, November 2010, #3. In Defense of the Guarantor: Changes in the Laws Relating to the Discharge of Secondary Obligors.
... application of these defenses to a "party to the instrument." For example,. a party to the instrument is someone actually signing the instrument ... 36-3-605 refer explicitly to the Restatement of Suretyship and Guaranty. In. fact, the second comment posits an example similar ...
The construction defect hot potato: the interplay between the performance bond and CGL policy - a surety's perspective.
... discusses the inherent differences between insurance and suretyship, highlighting the distinctions that arise in claims made for defective ...For example, in Sanitary District of Chicago v. U.S. Fidelity & Guaranty Co., (5) a ...
- Classifying and Clarifying Contracts
529 U.S. 765 (2000), 98-1828, Vermont Agency of Natural Resources v. United States ex rel. Stevens
...Simpson, Law of Suretyship 205 (1950); see, e. g., Vimar Seguros y Reaseguros, S. A. v. M/V Sky ... the statute provides for suits against the States (as opposed, for example, to the broader question whether the statute creates any private cause of ...
734 F.2d 1486 (D.C. Cir. 1984), 82-2412, Farmers Union Cent. Exchange, Inc. v. F.E.R.C.
... of three elements: (1) debt service, (2) a "full compensatory suretyship premium," and (3) the " 'real ' entrepreneurial rate of return on the ... sanctioned dramatic reductions in regulatory oversight under, for example, the FCC and ICC licensing provisions, both of which require that the ...
188 F.3d 31 (2nd Cir. 1999), 98-9331, Compagnie Financiere v Merrill Lynch
...Jur. 2d, Guaranty and Suretyship, § 89 (1987) (noting that while "[t]he liability of a surety cannot be ...This consent is expressed when, for example, a guarantee agreement contains a waiver of defenses that is broad enough ...
- Rethinking the Doctrine of Nullity
674 F.2d 330 (5th Cir. 1982), 80-3872, United States v. Bellard
... from a principal debtor exists by "nature of the contract of suretyship," Louisiana Bank & Trust Co., Crowley at 278-79 n.7, and co-exists with ...This Court, for example, has stated that when the contract of guaranty is absolute or ...
Deficiency Judgments: A Louisiana Overview
I. Introduction. II. In Louisiana, A Debtor Retains Title To Collateral; The Creditors Merely Get A Right To Seize And Sell The Asset And Get A Privilege On The Proceeds Of The Sale. III. Louisiana Has Traditionally Required A Creditor To Use Judicial Process To Sell The Collateral Which Secures A Loan. IV. Judicial Sales. V. The Origins Of Louisiana's Deficiency Judgment Act And Its Relationship
...Examples of potential "fundamental defects" cured by legislation or later ... against the Clarks, the court relied on provisions of the suretyship articles of the Civil Code, even though there was no language in the case ...
A legal safety net.
...For example, the FBI estimates that as many as 25 percent of the federal tax returns .... Defenses based on suretyship laws . Almost no case law exits on the issue of whether mortgage ...
Surety in the 21st century: everything old is new again.
.... This article provides an overview of the suretyship and how it fits into the field of construction law. We will also underline ...For example, a lender may grant an operating line of credit to the contractor and will ...
- The French Reform of Contracts: An Opportunity to Tie Together the Community of Civil Lawyers
321 F.2d 921 (9th Cir. 1963), 18403, Atterbury v. Carpenter
..., contends that under well recognized principles of the law of suretyship the changes in Somco's principal obligation served to discharge him as ...Liability insurance is the typical example. The surety, however, promises to protect the promisee ...
646 F.2d 1064 (5th Cir. 1981), 78-3537, St. Paul Fire & Marine Ins. Co. v. Commodity Credit Corp.
...§ 291 For example, an individual producer may elect to tender to the association his ... obligations under federal law which governs construction of the suretyship contracts between CCC, as creditor, and St. Paul and Boston. See St. Paul ...
508 F.3d 327 (6th Cir. 2007), 06-3767, Commercial Money Center, Inc. v. Illinois Union Ins. Co.
... the transaction with Chase/Citibank as most clearly providing a suretyship for the benefit of Chase/Citibank and for waiver of Illinois Union's ... 6 An example of a typical Lease Bond provided in part: "That we, , as principal, and ...
- The Perils of Primacy: Successor Liability for Lenders Turned Declarants in Louisiana Common Interest Communities