BATON ROUGE – A Minnesota surety company alleges it suffered damages of more than $2 million to represent a Mississippi company and its owner in court.
St. Paul Guardian Insurance Co. filed a complaint in the U.S. District Court for the Middle District of Louisiana against
ABS Services Inc. and Anthony J. Bertas
alleging that they failed to comply with the terms of the General Agreement of Indemnity.
According to the complaint, the plaintiff issued bonds to the defendants in relation to a Department of Transportation Project in 2004. The plaintiff alleges that it has incurred losses and expenses in the sum amount of $2,648,180.57 in connection with the claims against the performance bond filed in 2015, the payment bond, the litigation and in enforcing the indemnity agreements. The plaintiff holds ABS Services Inc. and Bertas responsible because the defendants allegedly failed to exonerate, indemnify, and save plaintiff harmless from and against all loss that it has incurred or anticipates that it will incur by reason of issuing bonds in favor of defendant ABS.
The plaintiff requests a trial by jury and seeks judgment against defendants for all liabilities, losses, expenses, costs, attorneys' fees and such additional relief as the court may deem just and proper. It is represented by David J. Krebs and Elliot Scharfenberg of Krebs Farley PLLC in New Orleans.
U.S. District Court for the Middle District of Louisiana Case number 3:16-cv-00458