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212943P.pdf 07/22/2022 Owners Insurance Company v. Fidelity & Deposit Company
U.S. Court of Appeals Case No: 21-2943
and No: 21-2950
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Arnold, Author, with Loken and Kelly, Circuit Judges]
Civil case -Contracts. The district court erred in concluding the
provisions of the construction bond at issue required Fidelity to only pay
for labor and materials provided by the subcontractors; the bond provided
that if the subcontractors were not paid in full, which is the case here,
they were entitled to sums "justly due," which included costs, attorneys'
fees and interest; reversed and remanded for further proceedings.