Weitekamp v. Fireman's Fund Insurance

OPINION

LACAGNINA, Judge.

Francis and Annette Weitekamp appeal from a summary judgment in favor of Fireman’s Fund Insurance Co. (the Fund), defeating Weitekamp’s claim for recovery on a contractor’s license surety bond.

Weitekamp, a licensed contractor who furnished and installed concrete kooldecking to Whitaker Construction Company for residential construction, sought recovery of $10,290.50 owing from Whitaker, the principal on the bond, who is now insolvent. Weitekamp’s lawsuit was the seventh filed for recovery under the surety bond. The penal sum of $10,000 was exhausted by the Fund’s prior…