Snyder
Snyder v. United States Fidelity & Guaranty Co.
Opinion
Opinion
Haerle, J.
I. Introduction
Carl Clinton Snyder (Carl) appeals the trial court’s grant of summary judgment to United States Fidelity & Guaranty Company (USF&G) and J.P. Simpson (Simpson), its agent (respondents). His complaint sought to hold respondents liable on a guardianship surety bond taken out by Carl’s parents and guardians for losses suffered when his father stole funds from the guardianship account. Carl claims that a release he signed in favor of USF&G upon obtaining his majority is ineffective and that USF&G and Simpson breached duties they owed him. We reverse as to USF&G and affirm as to Simpson.
II. Factual and Procedural Background
In January 1982, a guardianship was established for Carl by his parents, Dana and Roxanne Snyder, who were named his guardians. The funds in the account were the result of a legacy left to Carl by a paternal great-aunt. Lee Amaral, the guardians’ attorney, contacted Simpson about a surety bond for the guardians. Simpson, acting as the agent of USF&G, procured a bond for Dana and Roxanne Snyder as principals from USF&G in the amount of $35,000, the amount of the bond originally ordered by the court. In 1983, and again responsive to a court…