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SAFETY CAS. INS. v. C.G. MITCHELL

Record No. 032709.

601 S.E.2d 633 (2004)

268 Va. 340

AMERICAN SAFETY CASUALTY INSURANCE COMPANY v. C.G. MITCHELL CONSTRUCTION, INC., et al.

Supreme Court of Virginia.

September 17, 2004.

Attorney(s) appearing for the Case

S. Vernon Priddy, III (Elaine R. Jordan; Randall H. Wintory; Sands, Anderson, Marks & Miller, on brief), Richmond, for appellant.

E. Livingston B. Haskell (William R. Mauck, Jr.; Williams Mullen, on brief), Richmond, for appellee C.G. Mitchell Construction, Inc.

Present: All the Justices.

KINSER, Justice.

In this action for breach of contract and recovery on a payment bond, the primary issue is whether the circuit court erred by entering judgment against a surety in favor of a claimant under the payment bond after determining that a judgment by default previously entered by the court against the principal as a sanction for failing to obey an order regarding discovery was binding on the surety. Because the surety had notice of the claim against its...

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