Supreme Court of Florida

Gibbs v. Hartford Accident & Indemnity Co.

December 19, 19521952 Fla. LEXIS 1918

Summary

The Supreme Court of Florida reversed the summary judgment for the surety, holding that a compensated surety is not automatically discharged by the owner's premature payments under the construction contract; liability remains unless the owner can prove the surety suffered actual injury. The court adopted a rule that discharge is limited to the extent of the surety's proven loss.