Safeco Insurance Company of America v. W.B. Browning Construction Co., Inc., Jpb Enterprises, Inc., D/B/A Courion Industries

RALPH B. GUY, Jr., Circuit Judge.

Safeco Insurance Company of America (Safeco) appeals the grant of summary judgment in favor of defendant JPB Enterprises, Inc., d/b/a Courion Industries (Courion). The district court, in granting summary judgment, awarded Courion $14,-920 on its counterclaim for the balance due under a construction contract. For the following reasons, we hold that the district court erred in granting summary judgment for Courion, and that summary judgment should have been entered in Safeco’s favor.

I

This diversity case arises out of the construction of the Bell County Forestry…