Harris v. Hartford Fire Ins. Co., No. 14-1664 (8th Cir. 2015)
Annotate this CaseIn March, 2004, Harris closed on a home with a mortgage loan from MPI. To be licensed in Missouri, MPI, as obligor and principal, bought two “Missouri Residential Mortgage Brokers Bonds” from Hartford, its surety, RSMo 443.849. The surety bonds stated that the two parties were “jointly and severally” bound for payment to any person “who may have a claim against” MPI. Harris sued MPI for violating the Missouri Merchandising Practices Act, sections 407.010-.1500. Harris obtained a judgment for compensatory damages, punitive damages, and attorney fees. Hartford had notice of the suit against MPI, but chose not to intervene. As surety, Hartford failed to pay the judgment amount due on the bonds. In 2012, Harris sued Hartford for breach of contract, vexatious refusal to pay, and equitable garnishment. The district court granted Hartford summary judgment, rejecting the 10-year statute of limitations in RSMo 516.110(1) in favor of the three-year statute in section 516.130(2). The Eighth Circuit reversed. Harris’s claim against Hartford sought the amount due on the bonds, not a penalty.
Court Description: Civil case. In an action on a statutorily-required bond, the district court erred in determining the case was governed by Missouri's three-year statute of limitations for an action upon a statute for a penalty or forfeiture; the action was governed by the ten-year statute of limitations for an action upon any writing for the payment of money or property (MO. Rev. Stat. Sec. 516.110(1) RSMO 2000).
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