State Ex Rel. State Art Museum Building Commission v. Travelers Indemnity Co.

LEWIS, Judge.

In December 1989, the State, acting on behalf of the State Art Museum Building Commission (hereafter the “Building Commission” or the “Commission”), instituted this action to recover on a performance bond issued by defendant, the Travelers Indemnity Company (hereafter “Travelers”), as surety for Middlesex Construction Corporation (hereafter “Middlesex”). The State had earlier secured a judgment of $373,603.18 against Middlesex, which judgment remains unpaid. In June 1991 the trial court granted partial summary judgment in favor of the State regarding Travelers’ affirmative…