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DUN-PAR ENGINEERED FORM v. VANUM CONST.

No. 108,841.

310 P.3d 1072 (2013)

DUN-PAR ENGINEERED FORM COMPANY, Appellee, v. VANUM CONSTRUCTION CO., INC., Defendant, and The Hanover Insurance Co., Appellant, and Fortis Construction Co., LLC, Defendant.

Court of Appeals of Kansas.

August 23, 2013.

Attorney(s) appearing for the Case

Keith Witten , of Gilliland & Hayes LLC, of Overland Park, for appellant.

Matthew R. Hale , of Polsinelli Shughart PC, of Kansas City, Missouri, for appellee.

Before HILL, P.J., POWELL, J., and HEBERT, S.J.

POWELL, J.

The Hanover Insurance Co. (Hanover) appeals the denial of its own motion for summary judgment and the granting of Dun-Par Engineered Form Company's (Dun-Par) cross-motion for summary judgment. The district court granted Dun-Par's claim to recover the unpaid balance due Dun-Par, a sub-sub-subcontractor, from the Subcontract Payment Bond bought from Hanover by the subcontractor, Vanum Construction Co., Inc. (Vanum). Hanover challenges the district

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