Insurance Co. of West v. United States

OPINION

DAMICH, Chief Judge.

Before the Court is a motion by Defendant, the United States (“the Government”), to dismiss this case pursuant to Rule 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”) for failure to state a claim upon which relief can be granted. Plaintiff, Insurance Company of the West (“ICW”), filed this action to recover for a series of progress payments that it believes the Government wrongfully disbursed to Texas Mechanical Systems (“TMS”), a government contractor to which ICW issued surety bonds. The Government asserts that ICW is not entitled to…