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DISTRICT OF COLUMBIA v. AETNA INS. CO.

No. 82-541.

462 A.2d 428 (1983)

DISTRICT OF COLUMBIA, Appellant, v. AETNA INSURANCE COMPANY, Appellee.

District of Columbia Court of Appeals.

Decided May 26, 1983.

Attorney(s) appearing for the Case

Lutz Alexander Prager, Asst. Corp. Counsel, Washington, D.C., with whom Judith W. Rogers, Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellant.

Edward Graham Gallagher, Washington, D.C., for appellee.

Before FERREN, PRYOR and TERRY, Associate Judges.

PRYOR, Associate Judge:

This is an appeal from a grant of summary judgment in favor of Aetna Insurance Company (Aetna), the surety under a construction contract involving the District of Columbia. There being no factual issues alleged, our review is limited to whether, as a matter of law, a performance bond surety for one of two public works projects involving the same contractor, upon default of the contractor on one job and full performance by the surety, is subrogated...

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