Senate Bill 1074 Printer's Number 1261
PENNSYLVANIA, October 21 - adjuster to comply with this act or faithfully perform his
duties, such insured shall be furnished with a certified copy of
said bond, upon which he, she or it shall have a right of
action, and shall be and are hereby authorized to bring suit in
the name of the Commonwealth for his, her or its use and benefit
against said public adjuster and his sureties and to prosecute
the same to final judgment and execution. [Where suit is
instituted by any such insureds on the bond of the public
adjuster, it shall be commenced within one year after the
performance and final settlement of said contract, and not
later. Where suit is so instituted by an insured or insureds, no
other action shall be brought by any other claimant, but any
other claimant may file his claim in the action first brought
and be made party thereto within one year from the completion of
the work under said contract, and not later. If two or more
actions be brought on the same day, the action in which the
largest claim is demanded shall be regarded as the first action.
Any creditor who has brought an action within one year as
aforesaid, but after suit brought by another creditor or on the
same day, may intervene in the suit first brought within the
year, notwithstanding the fact that the intervention in such
case be after the expiration of the year, provided said
intervention be made within 30 days after the expiration of the
year.] If the recovery on the bond should be inadequate to pay
the amounts found due to all of said creditors, judgment shall
be given to each creditor pro rata of the amount of the
recovery. The surety on said bond may pay into the court, for
distribution among said claimants and creditors, the full amount
of the surety's liability, to wit, the penalty named in the
bond, less any amount which said surety may have had to pay to
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