Cincinnati Insurance v. United States

OPINION

FIRESTONE, Judge.

Pending before the court is a motion by the defendant, the United States (“government” or “United States”), to dismiss the equitable subrogation claim of the plaintiff, *545Cincinnati Insurance Company (“plaintiff’ or “CIC”), for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”), or, in the alternative, the government seeks summary judgment pursuant to RCFC 56. The government contends that the plaintiff, a Miller Act, 40 U.S.C. §§ 3131-3134 (2000 & Supp. 2002), surety of a…