(DOWNLOAD) "Safeco Insurance Company America v. Thomas M. Gaubert" by Supreme Court Of Utah # Book PDF Kindle ePub Free
eBook details
- Title: Safeco Insurance Company America v. Thomas M. Gaubert
- Author : Supreme Court Of Utah
- Release Date : January 28, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Safeco Insurance Company of America (Safeco) sued Thomas M. Gaubert, Barbara A. Gaubert (Gaubert) and John R. Barnes (Barnes) for breach of an indemnity contract. The trial court granted summary judgment for Gaubert and Barnes and denied Safecos motion for summary judgment. In seven points of error, Safeco argues that the trial court erred in denying its motion because (1) the evidence conclusively established that appellees were liable under the indemnity agreement, (2) Safeco was not required to establish that it was liable on the bond, (3) rule 54 of the Texas Rules of Civil Procedure excused Safeco from proving performance, (4) Safeco did not act in bad faith, (5) there was no evidence of lack of consideration, (6) appellees failed to support each element of their affirmative defenses, and (7) Safeco conclusively established the amount of its recovery. Further, in its eighth point of error, Safeco contends that the trial court erred in granting summary judgment for appellees because they failed to negate an element of Safecos cause of action or to establish conclusively any affirmative defense. We reverse the judgment and render the judgment that the trial court should have rendered.
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