Peerless Insurance v. United States

MEMORANDUM OPINION

ELLIS, District Judge.

I.INTRODUCTION

Plaintiff, Peerless Insurance Company (Peerless), seeks a declaratory judgment that it is not liable to the United States as surety on a bid bond. The United States has filed a counterclaim for $419,000, the amount allegedly owed by Peerless under the bid bond. For the reasons stated in this opinion, Peerless’ declaratory judgment action is dismissed and judgment is awarded to the United States on its counterclaim in the amount of $419,000.

II. FINDINGS OF FACT 1

1. On or about July 24, 1985, the Naval Facility Engineering Command (NAVFAC)…