The defendant appealed, but the Court of Appeal confirmed the lower court’s ruling. The judge pointed out New York law, which states that the guarantor has the right to compensate upon proof of payment unless the payment is malicious or unreasonable. In this case, Liberty Mutual filed an indemnification agreement, documents to issue bonds, records of payments to claimants, and an affidavit from the regional vice president, and made an item-by-item payment list. The court found that this evidence was sufficient. At the same time, the defendant did not raise any factual disputes.
