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

BENJAMIN, Justice:

In this case, this Court answers the following question certified by the Circuit Court of Berkeley County 1 .

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 principle has filed bankruptcy, and a judgment against the principal is precluded due to a Chapter 11 Plan confirmation?

The circuit court answered the certified question as follows:

YES, the statutory purpose of the bond is to protect consumers against insolvent lenders, see, W. Va.Code §…