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ALASKA ENERGY AUTH. v. FAIRMONT INS.

No. S-4862.

845 P.2d 420 (1993)

ALASKA ENERGY AUTHORITY, f/k/a Alaska Power Authority, Appellant, v. FAIRMONT INSURANCE COMPANY, a California Corporation, Appellee.

Supreme Court of Alaska.

January 22, 1993.

Attorney(s) appearing for the Case

James F. Klasen, Asst. Atty. Gen., Anchorage, and Charles E. Cole, Atty. Gen., Juneau, for appellant.

David R. Trachtenberg and Traeger Machetanz, Oles, Morrison & Rinker, Seattle, WA, for appellee.

Before MOORE, C.J., and RABINOWITZ, BURKE, MATTHEWS and COMPTON, JJ.

OPINION

COMPTON, Justice.

This case arises out of a claim by the Alaska Energy Authority (AEA), formerly the Alaska Power Authority, against a contractor's performance bond issued by Fairmont Insurance Company (Fairmont). AEA appeals a summary judgment holding that the time limitation in the performance bond barred AEA from bringing suit. We reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

AEA entered into a contract with Wyman Construction...

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