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LIBERTY MUT. INS. v. MANDAREE PUB. SCH. DIST. # 36

No. 06-3957.

503 F.3d 709 (2007)

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. MANDAREE PUBLIC SCHOOL DISTRICT # 36, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 10, 2007.

Attorney(s) appearing for the Case

Mark R. Becker, M.T. Fabyanske, Aaron A. Dean, argued, Minneapolis, MN, Jonathan Sanstead, Birsmack, ND, on the brief, for Appellant.

Thomas J. Vollbrecht, argued, Scott H. Ikeda, Minneapolis, MN, Sean O. Smith, Birsmack, ND, on the brief, for Appellee.

Before LOKEN, Chief Judge, ARNOLD and COLLOTON, Circuit Judges.

LOKEN, Chief Judge.

Mandaree Public School District and Tooz Construction, Inc., entered into a contract to remodel and expand a public school. The standard AIA contract provided that disputes between Mandaree as owner and Tooz as contractor would be resolved by arbitration in accordance with the Rules of the American Arbitration Association (AAA). Liberty Mutual Insurance Company issued a performance bond to secure Tooz's performance. The bond incorporated the construction...

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