School District of University City ex rel. H & M Mechanical Corp. v. Reliance Insurance Co.

GRIMM, Chief Judge.

Plaintiff sought a judgment against defendant insurance company on a labor and material payment bond. Defendant filed a summary judgment motion, alleging that plaintiff failed to give timely notice of its claim. The trial court granted the motion and plaintiff appeals. We reverse and remand.

Plaintiff raises two points. The first is dispositive. The trial court erred in granting summary judgment because it could not determine on the record before it that defendant was entitled to judgment as a matter of law.

*255I. Background

In June, 1988, school district contracted ■with general…