Choate Construction Company v. Auto-Owners Insurance Company

I respectfully dissent. This case concerns the enforceability of a one-page subcontractor’s performance bond. The surety, appellee Auto-Owners Insurance Company, has identified two purported deficiencies in the bond which, it argues, excuses it from paying the obligee, appellant Choate Construction Company. Neither argument has merit.

Because there has been an earlier appeal in this case, we must first consider the application of the law of the case rule. See OCGA § 9-11-60 (h). But contrary to the majority, I would hold that it is not applicable. “The ‘law of the case’ has been defined as a…