Oceania Insurance Corp. filed the complaint for indemnification against Choson International Corp. or Thrifty Car Rental and five other defendants.
The plaintiff, through attorney Colin M. Thompson, is asking the court to order the defendant to pay damages in an amount to be proven at trial, pre-judgment interest, attorney’s fees, costs and post-judgment interest and for other relief as the court deems just and proper.
According to the complaint, on Dec. 16, 2004, Thrifty entered into a lease agreement with the Commonwealth Ports Authority by leasing a sales counter, related check-in and check-out locations, and storage area at the Francisco C. Ada/Saipan International Airport and obtained certain rights and privileges in using the airport property.
On Nov. 24, 2003, Thrifty entered into an oral and written contract with Oceania for a surety bond.
Thrifty guaranteed to perform and fulfill obligations under the agreement with CPA for the rental car concession lease in the amount of $34,823.82.
Thrifty and Oceania also entered into an indemnity agreement.
Thrifty agreed to pay Oceania upon demand all loss and expense, including attorney’s fees incurred on account of any breach of the indemnity agreement.
On Aug. 18, 2006, Thrifty was notified that it was in default of its contract with CPA and that the contract was terminated.
According to the terms of the surety bond, Oceania was compelled to pay rent and incurred costs in defending the case.
Thrifty has a duty to reimburse and indemnify Oceania for the amount paid to CPA, for attorney’s fees and for the costs of suit, the complaint stated.
It added that Thrifty was unjustly enriched by Oceania through payment of the defaulted rent payments to CPA, and that the defendant has failed to honor its duty to indemnify and reimburse the plaintiff.
