Oldcastle Precast, Inc. v. Lumbermens Mutual Casualty Co.

Opinion

FYBEL, J.

INTRODUCTION

Defendants Lumbermens Mutual Casualty Company (Lumbermens) and Safeco Insurance Company of America (Safeco) (collectively, defendants) appeal from a summary judgment entered in favor of plaintiff Oldcastle Precast, Inc., doing business as Utility Vault Company (plaintiff). In granting the motion for summary judgment, the trial court found no triable issue of material fact existed as to Lumbermens’s liability, as surety, on a payment bond in favor of plaintiff or Safeco’s liability, as surety, on a stop notice bond release for plaintiff.

We affirm the judgment. We…