Safety Signs, LLC v. Niles-Wiese Construction Co.

OPINION

BJORKMAN, Judge.

Appellant insurance company challenges the district court’s denial of summary judgment to appellant and grant of summary judgment to respondent subcontractor on respondent’s payment-bond claim. Because service of the notice of claim was defective, we reverse.

FACTS

The City of Owatonna hired Niles-Wiese Construction Company as the general con-. tractor for the construction of an airport runway and taxiway. Pursuant to Minn. Stat. § 574.26, subd. 2(2) (2010), Niles-Wiese obtained a payment bond from appellant Westfield Insurance Company. The payment bond — a contract…