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MERCED v. AMERICAN MOTORISTS INS. CO.

No. F044023.

24 Cal.Rptr.3d 788 (2005)

126 Cal.App.4th 1316

CITY OF MERCED, Plaintiff and Respondent, v. AMERICAN MOTORISTS INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, Fifth District.

February 17, 2005.

Attorney(s) appearing for the Case

Negele & Associates, James R. Negele, Los Angeles, and Alice M. Graham, Marina del Rey, for Defendant and Appellant.

Law Offices of Steven J. Hassing and Steven J. Hassing, Roseville, for Plaintiff and Respondent.

OPINION

GOMES, J.

American Motorists Insurance Company (AMIC) appeals from the judgment after court trial in favor of the City of Merced (City) on the City's claim for enforcement of a performance bond. On appeal AMIC contends the court erred in concluding the City suffered damages and the City did not enter into an illegal assignment of its claim against the bond. AMIC also contends construction of the improvements the bond covered released the bond. As...

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