Bastianelli v. National Union Fire Insurance

The plaintiff seeks to recover for trucking services provided by him to a subcontractor on a public works project for which the defendant Modern Continental Construction Company (Modern) was the general contractor. The plaintiff advances alternate theories: first, he alleges that the services were rendered directly to Modern, and thus, Modern owed him for their fair value. Alternatively, he claims that he is entitled to recover under a payment bond issued by the defendant National Union Fire Insurance Company (National) to Modern with respect to the project.

The sole issue on appeal is whether…