Alexander

Indiana Lumbermens Mutual Insurance Company and Montana Bail Bonds appeal from the trial court’s order compelling them to refund the premium they received to post a bail bond for Anand Jon Alexander. We reverse the court’s order.

FACTS AND PROCEEDINGS

Respondent Anand Jon Alexander was arrested in March 2007 and charged with four counts of rape, lewd acts against a child, and contributing to the delinquency of a minor. On April 3, 2007, appellants Indiana Lumbermens Mutual Insurance Company and Montana Bail Bonds (collectively Indiana Lumbermens) posted a bail bond in the amount of $1,365,000 to secure Alexander’s release from custody. Alexander’s family paid $139,210 for the bond. The bail agreement stated appellants “fully earned” the $139,210 premium upon Alexander’s release from jail. Additionally, the family members who paid the premium signed a document attesting they “understand that the premium owing and/or paid on this bond is fully earned upon release of the defendant from custody.”

While Alexander was free on bail, the People filed 40 new counts against him, involving rape, forcible oral copulation, sexual battery, and lewd acts against minors. In addition,…