Magnum Defense, Inc. v. Frontier Insurance

MEMORANDUM *

Magnum Defense, Inc. (“Magnum”) appeals from the district court’s grant of summary judgment in favor of Frontier Insurance Company (“Frontier”). Frontier cross-appeals the district court’s denial of attorneys fees. We affirm in part, reverse in part and remand for further proceedings.

*904The district court correctly construed the bond as an advance payment bond, rather than as a performance bond. The terms of the bond, although not a model of clarity, do not bear the traditional hallmarks of a performance bond, and contain only passing references to the underlying contract. This is…