Hartford Fire Insurance Co. v. Micah A. Curtis & Angela L. Curtis and Hartford Fire Insurance Co. v. Jerry Lee Rhodes & Bonnie M. Cochran

The majority’s application of the exception in State v. Myers, 74 W.Va. 488, 82 S.E. 270 (1914) is based on the faulty premise that the bonds in these cases are judgment bonds. However, the express conditions of the bonds make it clear that they are performance bonds as they are conditioned upon the bond principal failing to faithfully conform to and abide by the provisions of the Act. The condition of the bonds is found in the first sentence of the third paragraph:

NOW THEREFORE, if the said principal CALUSA INVESTMENTS, LLC shall conform to and abide by the provisions of said Act and of all…