Upper Pottsgrove Township v. International Fidelity Insurance

MEMORANDUM

DALZELL, District Judge.

We consider defendant International Fidelity Insurance Co.’s (“IFIC”) motion to dismiss Count IV of plaintiff Upper Potts-grove Township’s (“the Township”) complaint. For the reasons discussed herein, we will grant IFIC’s motion.

This dispute arises out of construction related to Coddington View — Phase 2, a real estate development in Upper Potts-grove Township, Pennsylvania1. As we will describe at more length below, the Township engaged TH Properties, L.P. (“THP”) to complete public improvements for the development, and IFIC issued the subdivision bonds the…