United States Fidelity & Guaranty Co. v. Charles A. Nosker Inc‪.‬

Per Curiam. Defendants Charles A. Nosker, Inc., Charles A. Nosker and Alison E. Nosker agreed to indemnify plaintiff, United
States Fidelity & Guaranty Company ("USF&G") if it were required to pay on a performance bond for defendants' construction
project. Defendant Charles A. Nosker, Inc. failed to pay two subcontractors who sued to enforce payment of their claims. Defendant
Charles Nosker, president of Charles A. Nosker, Inc., admitted that the subcontractors had performed their contracts and that
he knew of no shortcomings in their work and indeed was impressed with their work. USF&G paid the subcontractors $48,500
in settlement of their claims. Plaintiff Greene County Regional Airport Authority ("Airport Authority") is subrogated $28,500
to USF&G's claim for indemnity against defendants. The court granted summary judgment to plaintiff Airport Authority. The indemnity agreement between USF&G and defendants requires only that USF&G believe it was or might be liable
on the performance bond. The record clearly shows that USF&G not only believed it was liable, but that it was in fact
liable. Defendants' only claimed defense to the subcontractors' claims was that defendant Charles A. Nosker, Inc. had not
been paid. Although in his deposition Charles Nosker refused to either admit or dispute that defendant Charles A. Nosker,
Inc. had been paid for the work, a check for the payment was an exhibit filed with the motion. The magistrate Judge did not
err in granting plaintiff's motion for summary judgment.