Ohio Farmers Ins. Co., et al. v. Indiana Drywall & Acoustics, Inc. - 1/17/13

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Thursday  January 17, 2013 
10:30 AM  EST

10:30 a.m. 49S02-1210-CC-599. Subcontractor Indiana Drywall sued general contractor S.C. Nestel for breach of contract and fraud, and sued surety Ohio Farmers for recovery under a payment bond. Defendants’ motions for summary judgment and judgment on the evidence were denied, and a jury eventually found in favor of Indiana Drywall and against both defendants. The Court of Appeals affirmed the judgment against S.C. Nestel but reversed the judgment against Ohio Farmers, holding among other things that a one-year limitation period in the surety bond barred Indiana Drywall from recovery under the bond. Ohio Farmers Ins. Co. v. Indiana Drywall & Acoustics, Inc., 970 N.E.2d 674 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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