REM Construction, Inc. v. Houghton

OPINION

HATHAWAY, Judge.

This special action requires us to determine whether a surplus line insurer issuing bid, payment and performance bonds is “an insurer authorized to transact a surety business in this state” within the meaning of A.R.S. § 20-1531 and “a surety company ... duly authorized to do business in this state" within the meaning of A.R.S. § 34-222(C). For the reasons set forth below, we accept jurisdiction, but deny relief.

The relevant facts are undisputed. On June 8, 1989, the City of Tucson issued an invitation for bids for a public construction project designated as the Cushing…