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NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH v. ROBUCK

Nos. I-390, I-391.

203 So.2d 204 (1967)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, a Corporation, Appellant, v. Charles S. ROBUCK D/B/a Robuck Electric Sales and Service, Appellee. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, a Corporation, Appellant, v. Harold ELLZEY, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied November 9, 1967.

Attorney(s) appearing for the Case

Charles S. Carrere and W. Roger Turner, of Gurney, Gurney & Handley, Orlando, for appellant.

Green & Simmons, Ocala, for Charles S. Robuck d/b/a Robuck Electric Sales and Service, appellee.

Harry C. Dozier, Jr., Ocala, for Harold Ellzey, appellee.

RAWLS, Judge.

National Union Fire Insurance Company has appealed from two final summary judgments in favor of the plaintiff-subcontractors in actions on a performance bond for a construction job.

The only question meriting consideration is, Does the practice of fraud by the principal upon the surety vitiate the surety's liability to the obligee who was not a party to the fraud? We answer this question in the negative and affirm.

The Teutons by written...

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