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RLI INS. CO. v. NEXUS SERVICES, INC.

No. 20-2253.

26 F.4th 133 (2022)

RLI INSURANCE COMPANY, Plaintiff-Appellee, v. NEXUS SERVICES, INC.; Libre by Nexus, Inc.; Homes by Nexus, Inc., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 27, 2022.

Attorney(s) appearing for the Case

ARGUED: Carl August Anderson , ROCK SPRING LAW GROUP, PLLC, Washington, D.C., for Appellants. Vivian Katsantonis , WATT, TIEDER, HOFFAR & FITZGERALD, LLP, McLean, Virginia, for Appellee. ON BRIEF: Mario B. Williams , NDH LLC, Atlanta, Georgia; John M. Shoreman , McFADDEN & SHOREMAN, Washington, D.C., for Appellants.

Affirmed by published opinion. Senior Judge Floyd wrote the opinion in which Judge Gregory joined. Judge Quattlebaum wrote an opinion concurring in parts I, II, III, V, and VI and in the judgment.

This case concerns relatively straightforward obligations of a bond surety, RLI Insurance Company (RLI), and its indemnitor, Nexus Services, Inc. (Nexus), under a standard Commercial Surety General Indemnity Agreement (the Agreement). Because surety is a zero-loss industry, the Agreement contains several clauses designed...

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