People v. American Bankers Insurance

Statement of the Case and Facts

This proceeding concerns two municipal court cases which were consolidated for decision.

In People v. Classified Insurance Corporation, the municipal court declared bail forfeited in the underlying action when only the defendant’s counsel appeared for trial. After the giving of proper notices and the expiration of 180 days for exoneration of the forfeiture as required by law, summary judgment was entered against appellant, Classified Insurance Corporation, as the surety, in the amount of the bond.

In People v. American Bankers Insurance Company, the municipal court declared bail forfeited in the underlying action when defendant did not personally appear for a pretrial hearing. Again, after complying with appropriate notice and time procedures required by law, summary judgment was entered against appellant, American Bankers Insurance Company, as the surety, in the amount of the bond.

Each appellant moved to set aside the summary judgment and exonerate the bond. Both motions were denied. The court found in each case that the trial court had the discretion to forfeit bail in the absence of any showing of counsel’s authority to proceed in…