Gateway Communications, Inc. v. John R. Hess, Inc.

MAYNARD, Chief Justice:

The appellant, Gateway Communications, Inc., appeals from the October 18,1999 order of the Circuit Court of Cabell County which dismissed the appellant’s action against the appellee, Insurance Company of North America, on the ground that the action was barred by the time limitation contained in the performance bond on which the action was brought.

I

FACTS

The appellant, Gateway Communications, Inc., (hereinafter “Gateway” or “appellant”) owns and operates WOWK-TV, a commercial television broadcast station. In 1983, the appellant contracted with John R. Hess, Inc.…