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INSURANCE CO. OF THE WEST v. GIBSON TILE

No. 42343.

134 P.3d 698 (2006)

INSURANCE COMPANY OF THE WEST, a California Corporation, Appellant, v. GIBSON TILE COMPANY, INC., a Nevada Corporation; Thomas Gibson, an Individual; and Kelly Gibson, an Individual, Respondents.

Supreme Court of Nevada.

Rehearing Denied June 12, 2006.

Attorney(s) appearing for the Case

Alverson Taylor Mortensen Nelson & Sanders and David J. Mortensen and Christian Z. Smith, Las Vegas; Beckley Singleton, Chtd., and Heidi Parry Stern and Daniel F. Polsenberg, Las Vegas, for Appellant.

Hutchison & Steffen, Ltd., and Mark A. Hutchison and Michael K. Wall, Las Vegas; Orin G. Grossman, P.C., and Orin G. Grossman, Las Vegas; McCrea Martin Allison, Ltd., and Robert D. Martin, Las Vegas, for Respondents.

Lefebvre & Associates, Chtd., and Matthew J. Christian and Alan J. Lefebvre, Las Vegas, for Amicus Curiae The Surety Association of America.

Before the Court En Banc.

OPINION

GIBBONS, J.

Appellant Insurance Company of the West (ICW) entered into a surety contract with respondent Gibson Tile Company, Inc. (Gibson) to provide performance bonds on a construction project. Gibson settled with two suppliers who made claims against the bond and provided the defense on behalf of ICW. However, ICW brought an indemnity action against Gibson, arguing that ICW had incurred costs in enforcing the terms of the surety contract...

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