Johnson Controls, Inc. v. Liberty Mutual Insurance Co.

Because Batson-Cook Company (“Bat-son-Cook”) must be liable to Johnson Controls, Inc. (“JCI”), before Liberty Mutual *264Insurance Company (“Liberty Mutual”) can be liable to JCI, I respectfully dissent.

I. The Terms of the Payment Bond Control

The majority opinion fails to address the operative terms of the payment bond between Batson-Cook and Liberty Mutual (“the bond”). “[Suretyship is a contractual relationship. Consequently, we begin our inquiry into the liability of [the surety] by reviewing the terms of the surety contract itself.” Ex parte Lawyers Sur. Corp., 719 So.2d 833, 835 (Ala.1998).…