INS. CO. v. FUEL & DOCK CO.

No. C-77587.

60 Ohio App. 2d 248 (1978)

SENTRY INSURANCE COMPANY, APPELLANT, v. DAVISON FUEL & DOCK COMPANY, APPELLEE.

Court of Appeals of Ohio, Hamilton County.

Decided December 13, 1978.


Attorney(s) appearing for the Case

Mr. James G. Headley, and Mr. William J. Fisher, for appellant.

Mr. Jacob K. Stein, for appellee.


BLACK, J.

The question presented by this case concerns the limitations, if any, on the recovery by a surety against its principal for attorney fees and expenses by the surety's retained counsel in connection with a claim asserted by the obligor on the bond against both surety and principal, when the agreement between the surety and principal contains the following indemnification agreement:

"[The principal agrees] to indemnify and keep indemnified the [surety...

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