Choate Construction Co. v. Auto-Owners Insurance

Ellington, Chief Judge.

In this suit on payment and performance bonds, general contractor Choate Construction Company (“Choate”) appeals from the grant of summary judgment in favor of surety Auto-Owners Insurance Company (“AOIC”). Choate contends that the trial court erred in *683finding that, because the bonds named a principal that was a different company than the subcontractor it had hired, it could not collect on the bonds. For the following reasons, we reverse.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.…