EAST ST. LOUIS – A surety company claims a Swansea corporation and a Smithton couple owe it more than $78,000.

The Ohio Casualty Insurance Co. filed a complaint on Aug. 2 in the U.S. District Court for the Southern District of Illinois East St. Louis against H&M Backhoe Services Inc., Gregory Eitzenhefer and Paula Eitzenhefer, alleging they failed to perform their obligations under the terms of the contract.

According to the complaint, the plaintiff issued separate performance and payment bonds on behalf of H&M in August 2015 and the defendants agreed to the terms of the indemnity agreement. The suit states that in April 2016, a claim was submitted under the performance bond because of issues with H&M's performance.

The plaintiff alleges that it suffered financial losses in fulfilling its obligations as surety in the amount of $53,457.85 and costs incurred for attorney's fees and consultants totaling $25,497.70. 

The plaintiff alleges the defendants failed to indemnify or reimburse plaintiff's losses.

The plaintiff seeks judgment against defendants, jointly and severally, in the amount of $78,955.55, plus interest, losses and expenses and any further relief as the court deems just and appropriate. 

It is represented by Steven H. Elizer and Philip M. Novak of Elizer Law Group LLC in Morton Grove.

U.S. District Court for the Southern District of Illinois East St. Louis case number 3:17-cv-00823

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U.S. District Court for the Southern District of Illinois East St. Louis
750 Missouri Ave
East St Louis, IL - 62201

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