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GENERAL INS. CO. v. ST. PAUL FIRE & MARINE

Docket No. 42406.

38 Cal.App.3d 760 (1974)

113 Cal. Rptr. 613

GENERAL INSURANCE COMPANY OF AMERICA, Plaintiff and Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

April 24, 1974.

Attorney(s) appearing for the Case

COUNSEL

Booth, Mitchel, Strange & Smith and George C. Mitchel for Plaintiff and Appellant.

Dillavou & Webb and C.C. Dillavou for Defendant and Respondent.

OPINION

COBEY, J.

Plaintiff, General Insurance Company of America, surety of the prime contractor involved, appeals from a judgment in favor of defendant, St. Paul Fire & Marine Insurance Company, surety for a subcontractor, which defaulted in its subcontract work under the prime contract. The action is essentially one for damages plaintiff suffered in excess costs and liquidated damages occasioned by the default.

The...

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