United States First Circuit

In a dispute arising over a construction contract, enforcement of a settlement agreement and grant of summary judgment are affirmed where: 1) a hand-written agreement contemplated execution of a more formal agreement does not preclude enforcement of the hand-written agreement; 2) the terms of this settlement were clear and unambiguous; 3) there was no error in the district court's order enforcing the Settlement Memorandum of Agreement as a settlement agreement that disposed of all the claims in the case except the indemnification dispute; and 4) Fidelity is entitled to indemnification because defendants failed to present any material facts which would give rise to a factual dispute as to a 'want of good faith' on the part of Fidelity.

Appellate Information

• Decided 08/27/2008
• Published 08/27/2008

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, CUDAHY, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James S. Timmins, for appellants.


• For Appellees:
  
• Eric H. Loeffler, with whom Bradford R. Carver and Hinshaw & Culbertson LLP, were on brief, for appellee Fidelity & Guaranty Insurance Company.