Fairmont Specialty Insurance Co. v. Apodaca

234 F. Supp. 3d 843, 2017 U.S. Dist. LEXIS 133014
CourtDistrict Court, S.D. Texas
DecidedFebruary 10, 2017
DocketCivil Action No. H-15-3330
StatusPublished
Cited by15 cases

This text of 234 F. Supp. 3d 843 (Fairmont Specialty Insurance Co. v. Apodaca) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fairmont Specialty Insurance Co. v. Apodaca, 234 F. Supp. 3d 843, 2017 U.S. Dist. LEXIS 133014 (S.D. Tex. 2017).

Opinion

ORDER

DAVID HITTNER, United States District Judge

Pending before the Court are Plaintiffs Motion for Summary Judgment and Defendant Thomas Apodaca’s Response to Plaintiffs Motion for Summary Judgment and Cross-Motion for Summary Judgment. Having considered the motions, submissions, and applicable law, the Court determines Plaintiffs motion should be granted, and Defendant’s motion should be denied.

I. BACKGROUND

This is a breach of contract claim. Plaintiff TIG Insurance Company (“TIG”) seeks contractual indemnification from Defendant Thomas Apodaca (“Apodaca”) for TIG’s payment of a bail bond forfeiture judgment, which a Maryland court entered approximately sixteen years after initially declaring the bond forfeited. The following facts are undisputed. TIG is the successor-in-interest of Ranger Insurance Company (“Ranger”),1 a bail bond surety company. [848]*848Apodaca operated Southeastern Sureties (“Southeastern”), a general bail bond agency. On October 10, 1995, Ranger entered into a General Agent Bail Agreement (“Agreement”) with Apodaca under which Ranger functioned as an authorized surety for Southeastern’s bail bonds. Under the Agreement, Ranger furnished Apodaca with bail bond powers of attorney that Apodaca was solely responsible for administering. The Agreement runs to the benefit of TIG, as Ranger’s successor-in-interest.

On March 15, 1999, the State of Maryland filed a criminal action against Anthony Stevenson (“Stevenson”). Stevenson’s bail was set at $100,000.00. Southeastern’s agent posted bond for Stevenson under a power of attorney that Ranger issued Apo-daca under the Agreement (“Stevenson Bond”). Stevenson did not appear at his arraignment, and on April 20, 1999, the presiding judge declared the Stevenson Bond forfeited. The State of Maryland took no further action until July 7, 2015, when a bond forfeiture judgment was entered against Ranger on the Stevenson Bond in the amount of $100,000.00 plus interest (“Forfeiture Judgment”).2 On April 5, 2015, Ranger gave Apodaca notice of the Forfeiture Judgment. Apodaca did not pay the Forfeiture Judgment. On October 5, 2015, TIG, as Ranger’s successor-in-interest, paid the entire Forfeiture Judgment.3 TIG subsequently demanded Apo-daca indemnify TIG for the Forfeiture Judgment payment, alleging the Agreement required Apodaca to do so. Apodaca has not indemnified TIG.

On November 12, 2015, TIG filed this lawsuit against Apodaca. TIG’s complaint includes a claim for breach of contract, seeking indemnity for TIG’s payment of the Forfeiture Judgment (“Indemnity Claim”). On January 15, 2016, Apodaca filed an answer asserting two affirmative defenses: (1) the statute of limitations; and (2) laches. On August 5, 2016, TIG moved for summary judgment against Apodaca on its breach of contract claim. On August 26, 2016, Apodaca moved for summary judgment on its affirmative defenses. Apodaca failed to respond to TIG’s motion for summary judgment on TIG’s substantive Indemnity Claim.

II STANDARD OF REVIEW

Summary judgment is proper when “there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(a), The court must view the evidence in a light most favorable to the nonmovant. Coleman v. Hous. Indep. Sch. Dist., 113 F.3d 528, 533 (5th Cir. 1997). Initially, the movant bears the burden of presenting the basis for the motion and the elements of the causes of action upon which the nonmovant will be unable to establish a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The burden then shifts to the nonmovant to come forward with specific facts showing there is a genuine dispute for trial. See Fed. R. Civ. P. 56(c); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). “A dispute about a material fact is ‘genuine’ if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Bodenheimer v. P.PG Indus., Inc., 5 F.3d 955, 956 (5th Cir. 1993) (citation omitted).

But the nonmoving party’s bare allegations, standing alone, are insufficient to create a material dispute of fact and defeat a motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247—48, 106 S.Ct. 2505, 91 L.Ed.2d [849]*849202 (1986). Moreover, conelusory allegations unsupported by specific facts will not prevent an award of summary judgment; the plaintiff cannot rest on his allegations to get to a jury without any significant probative evidence tending to support the complaint. Nat’l Ass’n of Gov’t Emps. v. City Pub. Serv. Bd. of San Antonio, 40 F.3d 698, 713 (5th Cir. 1994). If a reasonable jury could not return a verdict for the nonmoving party, then summary judgment is appropriate. Liberty Lobby, Inc., 477 U.S. at 248, 106 S.Ct. 2505. The nonmov-ant’s burden cannot be satisfied by “con-elusory allegations, unsubstantiated assertions, or ‘only a scintilla of evidence.’” Turner v. Baylor Richardson Med. Ctr., 476 F.3d 337, 343 (5th Cir. 2007) (quoting Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994)). Furthermore, it is not the function of the court to search the record on the nonmovant’s behalf for evidence which may raise a fact issue. Topalian v. Ehrman, 954 F.2d 1125, 1137 n.30 (5th Cir. 1992). Therefore, “[although-we consider the evidence and all reasonable inferences to be drawn therefrom in the light most favorable to the nonmovant, the nonmoving party may not rest on the mere allegations or denials of its pleadings, but must respond by setting forth spécific facts indicating a genuine issue for trial.” Goodson v. City of Corpus Christy 202 F.3d 730, 735 (5th Cir. 2000).

III. LAW'& ANALYSIS

This is a breach of contract suit arising out of Apodaca’s failure to indemnify TIG for a $102,316.60 payment that TIG made in satisfaction of the Forfeiture Judgment. TIG- contends Apodaca breached the Agreement by failing to indemnify TIG for the Forfeiture Judgment payment. Apoda-ca contends TIG’s Indemnity Claim is barred by the statute of limitations and laches. The Court first .addresses the affirmative defenses asserted and then turns to the merits of TIG’s substantive claim.

A. Statute of Limitations

Apodaca contends TIG’s Indemnity Claim accrued when -the Stevenson Bond was declared forfeited on April 20, 1999 and is therefore barred by the statute of limitations. TIG contends the Indemnity Claim accrued, when the Forfeiture Judgment was entered on July 7, 2015 and is therefore timely. Under Texas law, the statute of limitations on a breach of contract claim is four years from the date the claim accrues.4 Tex. Civ. Prac. &

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234 F. Supp. 3d 843, 2017 U.S. Dist. LEXIS 133014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fairmont-specialty-insurance-co-v-apodaca-txsd-2017.