Tate v. Aetna Insurance Co.

HERSEY, Judge.

This is an appeal from a final order dismissing appellant’s complaint against Aetna Insurance Company with prejudice. We will limit our discussion to those facts essential to determination of the single issue before us.

In 1977, appellant obtained a judgment against Custom Harvestors, Inc. in a replev-in action. Appellee, Aetna, was the surety on the replevin bond issued to Custom Harvestors in that action. Subsequently, Custom Harvestors changed its corporate name and rearranged its corporate assets in a manner not clearly specified in the record. As a result, appellant brought…