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PSE CONSULTING, INC. v. FRANK MERCEDE & SONS, INC.

(SC 16839).

267 Conn. 279 (2004)

PSE CONSULTING, INC. v. FRANK MERCEDE AND SONS, INC., ET AL.

Supreme Court of Connecticut.

Officially released January 13, 2004.

Attorney(s) appearing for the Case

R. Bradley Wolfe, with whom were Mary Anne A. Charron and, on the brief, Durwin P. Jones, for the appellant (defendant National Fire Insurance Company of Hartford).

Raymond A. Garcia, with whom were Frederick E. Hedberg and, on the brief, Jane I. Milas, for the appellee (named defendant).

Matthew M. Horowitz filed a brief for the Surety Association of America as amicus curiae.

Borden, Norcott, Katz, Palmer and Vertefeuille, Js.

Opinion

KATZ, J.

This appeal concerns the rights of a surety, pursuant to an indemnity agreement, to indemnification for payments made in settling a claim against a surety bond. The sole parties in this appeal are National Fire Insurance Company of Hartford (National) and Frank Mercede and Sons, Inc. (Mercede), the two defendants in the underlying action.1 National, a commercial surety company, appeals

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