Commercial Casualty Insurance v. United States

OPINION

FIRESTONE, Judge.

Pending before the court is a motion by the defendant, the United States (“government” or “United States”), to dismiss the complaint of the plaintiff, Commercial Casualty Insurance Company of Georgia (“plaintiff” or “Commercial Casualty”), for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”). The government contends that the plaintiff, a Miller Act, 40 U.S.C §§ 3131-3134 (2000 & Supp.2002), surety of a government contractor who provided payment and performance bonds…