United Fire & Casualty Co. v. Boring & Tunneling Co. of America

OPINION

EVELYN V. KEYES, Justice.

On cross motions for summary judgment in a suit to collect on a McGregor Act 1 payment bond, the trial court granted summary judgment in favor of appellee, Boring & Tunneling Company of America (“Bortunco”), and denied the motion of appellant, United Fire & Casualty Company (“United Fire”). In two issues, United Fire argues that (1) Bortunco failed to substantially comply with the notice provisions of the McGregor Act; and (2) it did not waive its right to, nor is it estopped from, asserting notification defects.

We affirm.

BACKGROUND

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