Quincy Mutual Fire Insurance v. Western Surety Co.

Alleging that Malcolm Jackson, the conservator of the property of Alice Williams, acted negligently in failing to heat her property, causing severe water damage to her home and its contents, Quincy Mutual Fire Insurance Company (Quincy) brought this action against Jackson and against Western Surety Company (Western), the surety on Jackson’s bond. Western moved to dismiss the count against it for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. This is an appeal by Quincy from the allowance of Western’s motion to dismiss.1 The appeal before…