Hartford Accident & Indemnity Co. v. Federal Insurance

OPINION

EUBANK, Judge.

Hartford Accident & Indemnity Company (“Hartford”) appeals from the trial court's order, granting summary judgment in favor of Federal Insurance Company (“Federal”). We reverse and remand to the trial court for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

On September 28, 1984, Tibshraeny Brothers Construction, Inc. (“TBC”) became the prime contractor for the construction of certain additions to a Phoenix medical center complex. Federal provided TBC with a payment bond in order to comply with A.R.S. § 33-1003. The prime contract and the payment…