HARTFORD FIRE INS. CO. v. CURTIS

Nos. 12-0037, 12-0522.

748 S.E.2d 662 (2013)

HARTFORD FIRE INSURANCE CO., Defendant Below, Petitioner v. Micah A. CURTIS and Angela L. Curtis, Plaintiffs Below, Respondents. Hartford Fire Insurance Co., Defendant Below, Petitioner v. Jerry Lee Rhodes and Bonnie M. Cochran Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 5, 2013.


Attorney(s) appearing for the Case

Thomas V. Flaherty , Flaherty Sensabaugh Bonasso PLLC, Charleston, WV, Archibald Wallace, III , WallacePledger, PLLC, Richmond, VA, for Petitioner Hartford in case No. 12-0037.

Daniel F. Hedges , Mountain State Justice, Inc., Charleston, WV, Scott S. Blass , Bordas & Bordas, PLLC, Wheeling, WV, for the Respondents.

Archibald Wallace, III , Thomas J. Moran , WallacePledger, PLLC, Richmond, VA, for Petitioner Hartford, in case No. 12-0522.

Gene W. Bailey, II , Jill E. Hall , Bowles Rice McDavid Graff & Love LLP, Charleston, WV, for Amicus Curiae, The Surety & Fidelity Association of America.


DAVIS, Justice:

In these two consolidated cases, Hartford Fire Insurance Co. (hereinafter "Hartford") appeals from two separate summary judgment orders entered against it in two separate cases. Each case involved a bond for which Hartford was the surety. The principals under the bonds, a mortgage lender and a mortgage broker, are both now defunct. Each bond principal was sued and failed to file a response to the complaint filed against it, which resulted in the entry...

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