Fidelity & Deposit Co. of Maryland v. Goldman & Rio

I respectfully dissent. The plaintiff issued an appeal bond to the defendants which obligated them to reimburse the plaintiff for any payment made under the bond up to $28,500 plus interest and costs. The plaintiff made a payment and seeks reimbursement from the defendants. The majority has affirmed the finding that the defendants are personally liable but hold that there is an issue of fact as to whether a letter sent by the defendants to the plaintiff prior to the issuance of the bond modified the language of the bond as to interest and costs so as to deny indemnification for interest and…