Legal Opinion
Dean v. Seco Electric Co.
Ohio Supreme Court
Decided March 2, 1988No. 87-414PublishedCited by 11 opinions
1Opinion of the CourtMoyer, C.J.
This is a case of first impression requiring us to determine whether a surety, in addition to its duty to pay unpaid wages under its labor and material payment bond, is also liable for the penalty provided in R.C. 4115.10, a sum equal to the unpaid wages as well as reasonable attorney fees and costs. For the reasons stated below, we hold that a surety is not liable for such penalties, attorney fees, and costs, and accordingly reverse the judgment of the court of appeals.
The labor and material payment bond provided to Seco by F & D included the following provisions:
“NOW, THEREFORE, THE…
2Cases cited10 opinions
- State Ex Rel. Conley Lott Nichols MacHinery Co. v. Safeco Insurance Co. of AmericaNew Mexico Court of Appeals · 1983
- Suver v. Personal Service InsuranceOhio Supreme Court · 1984
- Clymer v. ZaneOhio Supreme Court · 1934
- Black v. AlberyOhio Supreme Court · 1914
- Cusack v. McGrainOhio Supreme Court · 1939
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Knecht, Inc. v. United Pacific Insurance CompanyCourt of Appeals for the Third Circuit · 1988
- Brooke Drywall of Columbia, Inc. v. Building Construction Enterprises, Inc.Missouri Court of Appeals · 2011
- J.C. Snavely & Sons, Inc. v. Web M & E, Inc.Superior Court of Pennsylvania · 1991
- Public Service Electric & Gas Co. v. Technology for Energy, Corp. (In Re Technology for Energy, Corp.)United States Bankruptcy Court, E.D. Tennessee · 1991
- C & I Steel, LLC v. Travelers Casualty & Surety Co. of AmericaMassachusetts Appeals Court · 2007
6 more not listed; retrieve them via the Exa API.