CUMBERLAND METALS v. KENTUCKY INS. GUAR.

No. 89-CA-002440-MR.

801 S.W.2d 339 (1990)

CUMBERLAND METALS, INC., Appellant, v. KENTUCKY INSURANCE GUARANTY ASSOCIATION; American Druggists Insurance Company; Metropolitan Erecting Company, Inc.; Joseph P. Dooley and Janet S. Dooley, Appellees.

Court of Appeals of Kentucky.

December 28, 1990.


Attorney(s) appearing for the Case

Ronald P. Hillerich, W. Allen Schmitt, Louisville, for appellant.

David B. Blandford, Ackerson, Nutt, Blandford, Yann & Kiser, P.S.C., Louisville, for appellees Kentucky Ins. Guar. Ass'n and American Druggists Ins. Co.

J. Michael Poole, Louisville, for appellees Metropolitan Erecting Co., Inc., Joseph P. Dooley and Janet S. Dooley.

Before DYCHE, EMBERTON and STUMBO, JJ.


STUMBO, Judge:

This case of first impression presents a single issue: whether an automatic stay issued by a bankruptcy court acts as a stay for suit against the bankrupt construction contractor's surety, thus tolling the contractual one-year limitation in the surety bond. The trial court held that in the absence of an application by the surety for a stay, none existed and, thus, the contract's limitation period was not tolled. We affirm.

Appellant herein provided...

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