Legal Opinion

Hartford Accident & Indemnity Co v. Arizona Department of Transportation

Court of Appeals of Arizona

Decided April 7, 1992No. 1 CA-CV 90-159PublishedCited by 6 opinions

1Opinion of the Court

OPINION

GRANT, Judge.

This is an appeal from the trial court’s holding that a performance bond surety on a road construction contract was not liable under its statutory performance bond for the principal’s unpaid unemployment insurance taxes. The trial court concluded that the state could not offset such unpaid taxes against the contract balance after the sure ty completed construction of the project upon the principal’s default. We reverse.

I. FACTS

The facts are not in dispute. On August 9, 1985, the State of Arizona, through the Department of Transportation (“ADOT”), entered into a road…

2Cases cited15 opinions

  1. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
  2. Trinity Universal Insurance Company and First National Bank in Dallas v. United StatesCourt of Appeals for the First Circuit · 1967
  3. Norton v. First Federal SavingsArizona Supreme Court · 1981
  4. Security Insurance Company of Hartford v. The United StatesUnited States Court of Claims · 1970
  5. Porter v. EyerArizona Supreme Court · 1956

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3Cited by6 opinions

  1. A. Miner Contracting, Inc. v. Toho-Tolani County Improvement DistrictCourt of Appeals of Arizona · 2013
  2. City of Tempe v. StateCourt of Appeals of Arizona · 2015
  3. Ry-Tan Construction, Inc. v. Washington Elementary School District No. 6Arizona Supreme Court · 2005
  4. Kurti v. Maricopa CountyCourt of Appeals of Arizona · 2001
  5. Ry-Tan Construction, Inc. v. Washington Elementary School District No. 6Arizona Supreme Court · 2005

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