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Fidelity and Deposit Company of Maryland v. Franklin W. James, Jr.

Fidelity and Deposit Company of Maryland v. Franklin W. James, Jr.

Case No. 
13-1179
County 
Berkeley
Court Term 
Fall 2014
Decision 
Certified Question Answered
Issue: 

By order entered October 30, 2013, the circuit court certified the following question to this Court:
May a plaintiff maintain an action solely against the surety on a judgment bond made pursuant to W.Va. Code § 31-17-4 without a judgment against the principal on the bond, when the principal has filed bankruptcy, and a judgment against the principal is precluded due to a Chapter 11 Plan confirmation?
The circuit court answered "YES, the statutory purpose of the bond is to protect consumers against insolvent lenders, See, W.Va. Code § 31-17-4, and the public policy of this State should not allow the bankruptcy of insolvent lender to shield a surety on these bonds from liability for the principal's actions."

Petitioner's Attorneys: 

William W. Booker

Thomas H. Ewing

Erin J. Webb

Kay Casto & Chaney PLLC

Charleston, West Virginia

Respondent's Attorneys: 

Andrew C. Skinner

Skinner Law Firm

Charles Town, West Virginia

Daniel F. Hedges

Daniel T. Lattanzi

Mountain State Justice, Inc.

Charleston, West Virginia

888-4-JUSTICE

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