Elfinwild Volunteer Fire Department v. International Fidelity Insurance

OPINION AND ORDER

SIMMONS, District Judge.

I

Opinion'

Defendant, International Fidelity Insurance Company, (IFIC) has moved for a partial summary judgment in this matter on the basis of an alleged variation of the risk it undertook as a surety, involving the construction and delivery of a firetruck. IFIC asserts that the variation is both material and prejudicial and therefore discharges it from liability to the extent the variation prejudiced it as a surety. Plaintiff, Elfin-wild Volunteer Fire Department, (Elfin-wild) the obligee in the suretyship agreement, entered into a separate contract in…