Polk v. American Casualty Co. of Reading, PA.

Respectfully, I dissent.

KRS 387.070(1) provides that “no guardian can act until he has been appointed ... and given bond to the state with good surety approved by the court to faithfully discharge the trust or guardian.” This type of “bond” is referred to as a “performance bond” because KRS 62.060 states that such bonds, “required by law for the discharge or performance of any public or fiducial office,” shall require “the principal and surety or sureties [‘covenant’] that the principal will faithfully discharge his duties.” KRS 62.070, the statute here in question, then provides in pertinent…