CPS Distributors, Inc. v. Federal Insurance Co.

SILVERSTEIN * , Judge.

Plaintiff, C.P.S. Distributors, Inc. (CPS), appeals a judgment which determined that defendant, Federal Insurance Company (Federal), was not liable to plaintiff under the terms of a payment and performance bond issued by defendant. We affirm.

The following facts are undisputed. The City of Greeley, Colorado, executed a contract with M.J. Bober Company to construct a sewer line for the City. Pursuant to statute, Bober furnished a payment and performance bond in which Bober was the principal and the City was the obligee. CPS furnished pumps to Bober for use on the job, some…