U.S. Fidelity & Guaranty Co. v. Christoffel
In U.S. Fidelity & Guaranty Co. v. Christoffel, 115 Ariz. 507, 566 P.2d 308 (App. 1977), a guardian obtained a bond for $ 50,000 and, for the following three years, paid an annual premium on the bond. Id. at 508, 566 P.2d at 309.
In an action against the surety, the trial court found the bond was cumulative and imposed liability on the surety "for sums up to and including the penal sum of $ 50,000 for each and every year that the bond was in effect." Id. at 508-09, 566 P.2d at 309-10.
On appeal, this court reversed, finding the bond was continuous, not cumulative. Id. at 510, 566 P.2d at 311. The Court then ordered the trial court to enter judgment for $ 50,000, the penal sum, "together with interest and costs." Id. at 511, 566 P.2d at 312.
Christoffel was decided based on the probate code in effect prior to 1974, and it therefore does not even address whether current 14-5412(A)(4) precludes an award of prejudgment interest. 115 Ariz. at 509, 510 n.2, 566 P.2d at 310, 311 n.2.