HENDERSON INV. CORP. v. INTERNATIONAL FIDELITY INS. CO.

No. 90-1911.

575 So.2d 770 (1991)

HENDERSON INVESTMENT CORPORATION, Appellant, v. INTERNATIONAL FIDELITY INSURANCE COMPANY, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 1991.


Attorney(s) appearing for the Case

John R. Hamilton of Foley & Lardner, Van Den Berg, Gay, Burke, Wilson & Arkin, Orlando, for appellant.

Christi L. Underwood and Karen M. Chastain of Maguire, Voorhis & Wells, P.A., Orlando, for appellee.


COBB, Judge.

The issue on this appeal is whether a surety may compel arbitration when it has incorporated an arbitration clause from a construction contract into its performance bond.

Henderson Investment Corporation (owner) executed a contract with Hinds and Underwood, Inc. (H & U/contractor), regarding the construction of the Ocala Goodyear Service Center. Under the contract, the owner and the contractor each agreed to bind himself, his partners, successors...

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