Seaboard Surety Co. v. Andrews

MEMORANDUM AND ORDER

Mazzone, D.J.

This is the final phase of this matter. The plaintiff, Seaboard Surety Company (Seaboard), issued a surety bond to Associated Transport, Inc. (Associated) permitting Associated to comply with the Massachusetts Workman’s Compensation Act, M.G.L. c. 152, sec. 52A. The status of that bond, issued November 15, 1975 with a penal sum of $270,00, is in dispute in this suit.1

*674The defendant, the Commonwealth of Massachusetts (Commonwealth), asserted a counterclaim against Seaboard for the value of the bond. Both parties have moved for summary judgment on the…