Opinion
3:21cv286
10-22-2024
THE UNITED STATES OF AMERICA by and for the use of TECHNIQUEX I SPECIALTY FLOORING, INC., Plaintiff v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant
ORDER
Munley Judge
AND NOW, to wit, this 22nd day of October 2024, for the reasons set forth in an accompanying memorandum, it is hereby ORDERED that:
1) Defendant Philadelphia Indemnity Insurance Company's motion for summary judgment (Doc. 40) is GRANTED in part and DENIED in part;
2) This motion for summary judgment is GRANTED regarding the portion of Plaintiff's Miller Act claim arising out of labor and material furnished to Benaka, Inc. through July 31, 2017; and
3) The motion for summary judgment is otherwise DENIED for the portion of Plaintiff's claim for any retentions, pending modifications and changes, or items furnished to Benaka, Inc. after July 31, 2017.