Nicholson Construction Co. v. Standard Fire Insurance
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
The district court decided that a subcontractor three levels removed from the prime contractor had standing to sue on a construction payment bond. Viewing the issue against the background of the state bonding law, we conclude that the words “as subcontractor or otherwise” in the payment bond do not extend its coverage beyond the two tiers recognized by the statute. Accordingly, we reverse the summary judgment against the sureties.
*75Plaintiff filed this suit against the surety companies on a payment bond issued in connection with the construction of a…
2Cases cited11 opinions
- JW Bateson Co. v. United States Ex Rel. Bd. of Trustees of Nat. Automatic Sprinkler Industry Pension FundSupreme Court of the United States · 1978
- Jacobs v. Northeastern Corp.Supreme Court of Pennsylvania · 1965
- Ram Construction Company, Inc., Debtor v. American States Insurance Company. American States Insurance Company v. Ram Construction Company, Inc. And Equibank. Appeal of American States Insurance CompanyCourt of Appeals for the Third Circuit · 1984
- Valley Forge Industries, Inc. v. Armand Construction, Inc.Superior Court of Pennsylvania · 1977
- Peter J. Mascaro Co. v. MilonasSupreme Court of Pennsylvania · 1960
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3Cited by4 opinions
- R.R. Wilmot, Inc. v. American Insurance Co.Commonwealth Court of Pennsylvania · 1994
- Reed v. RhodesCourt of Appeals for the Sixth Circuit · 1999
- Nicholson Construction Company v. The Standard Fire Insurance CompanyCourt of Appeals for the Third Circuit · 1985
- S. A. Lindstrom Co. v. Pennsylvania National Mutual Casualty Insurance Co., Pennsylvania Court of Common Pleas, Dauphin County1989