Cardone v. Accredited Surety & Casualty Co.
Plaintiff and appellant Aldo Cardone appeals from a judgment entered following a grant of summary judgment in favor of defendant and respondent Accredited Surety & Casualty Co., Inc. (Accredited). Appellant, a general contractor, brought an action against Accredited stemming from a payment of $10,000 on a surety bond to a claimant who contended that appellant had abandoned a construction job. He alleged that Accredited should not have paid the claimant because she filed and dismissed an action against him concerning the abandoned project. Accredited cross-claimed, seeking reimbursement of the $10,000 amount in accordance with an indemnity agreement appellant executed at the time he received the bond. The trial court granted summary judgment as to the complaint and cross-complaint on the basis of undisputed evidence that Accredited paid the claim in good faith, thereby incurring no liability to appellant and entitling it to reimbursement from appellant.
We affirm. The trial court properly granted summary judgment on all claims raised in the second amended complaint, even though the pleading was filed while the summary judgment motion was pending. It likewise properly granted summary judgment on the cross-complaint, as the undisputed evidence showed that Accredited had the contractual right to dispose of the claim, and it did so in good faith and in compliance with the applicable statutory and regulatory scheme.
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