Safeco Ins. Co. of America v. Tarragon Corp., 2008 WL 427969 (M.D. Fla. Sept. 16, 2008)
In Safeco, a third-party sued a general contractor and a surety in state court to recover against a Section 713.24 lien transfer bond. Because the contractor refused to honor its obligations to the surety under their indemnity agreement, the surety then sued the contractor in federal court, asserting a claim quia timet, based on the future monies that the third-party was demanding on the bond. Quia timet allows a person to seek equitable relief from future probable harm to a specific right. Under Florida law, quia timet relief is not appropriate without proof that the surety realistically faces loss under the bond and is in jeopardy.