Balboa Insurance v. A. J. Kellos Construction Co.

Hill, Presiding Justice.

Pursuant to Code Ann. § 24-3902 and Rule 36, Rules of the Supreme Court (Code Ann. § 24-4536), the United States Court of Appeals for the Fifth Circuit certified the following question to this court: “In light of Houston General Insurance Company v. Brock Construction Company, 241 Ga. 460, 246 SE2d 316 (1978), does the rule contained in Georgia Code § 103-205, (Harrison, 1978) apply to compensated sureties?” We answer in the affirmative.

In Houston General Ins. Co., supra, 241 Ga. 460, we had before us the issue of whether Code Ann. §§ 103-103, 103-203, apply to…