Federal Kemper Life Assurance Co. v. Old Republic Surety Co.

The plaintiff, Federal Kemper Life Assurance Company (Kemper), appeals from an order of the circuit court dismissing its complaint against the defendant, Old Republic Surety Company (Surety), for failure to state a cause of action. Essentially, Kemper alleged that it was defrauded by defendant Paul Eichwedel while Eichwedel was acting in his capacity as administrator of the estate of David Schultz. Kemper sought to recover from Surety on Eichwedel’s administrator’s bond pursuant to section 12 — 15 of the Probate Code (Code), which provides that “[sjuit on a bond executed under this Act may be…