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AAA CABINETS MILLWORK, INC. v. ACCREDITED SUR. & CAS.

No. 24364-8-III.

130 P.3d 887 (2006)

132 Wash.App. 202

AAA CABINETS & MILLWORK, INC., a Washington Corporation; and Koch Sheet Metal, Inc., a Washington Corporation, Respondents, v. ACCREDITED SURETY & CASUALTY CO., INC., a foreign corporation; in Bond No. 1006249, Appellant.

Court of Appeals of Washington, Division 3.

March 23, 2006.

Attorney(s) appearing for the Case

William D. Hyslop, Erika Balazs, Lukins & Annis, Spokane, WA, for Appellant.

Ryan D. Yahne, Dunn & Black P.S., Spokane, WA, for Respondents.

Jerret E. Sale, Bullivant, Houser, Bailey PC, Jeff H. Yusen, Yusen & Friedrich, Seattle, WA, for Amicus Curiae.

SCHULTHEIS, J.

¶ 1 General contractor Lydig Construction, Inc. made payments by joint-payee checks to a subcontractor and two lower-tier subcontractors and received an assignment of the lower-tier subcontractors' rights against the subcontractor. In the name of the assignors, Lydig then demanded payment from Accredited Surety & Casualty Co., Inc., which had issued the subcontractor's license bond. Accredited refused...

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