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SAFETY SIGNS, LLC v. NILES-WIESE CONST. CO.

No. A12-0370.

820 N.W.2d 854 (2012)

SAFETY SIGNS, LLC, Respondent, v. NILES-WIESE CONSTRUCTION CO., INC., Defendant, Westfield Insurance Company, Appellant.

Court of Appeals of Minnesota.

September 17, 2012.

Attorney(s) appearing for the Case

Gregory R. Spalj , Kristine Kroenke , Hannah R. Stein , Fabyanske, Westra, Hart & Thomson, P.A., Minneapolis, MN, for respondent.

David D. Hammargren , Jason C. Tarasek , Hammargren & Meyer, P.A., Bloomington, MN, for appellant.

Considered and decided by BJORKMAN, Presiding Judge; JOHNSON, Chief Judge; and RODENBERG, Judge.

OPINION

BJORKMAN, Judge.

Appellant insurance company challenges the district court's denial of summary judgment to appellant and grant of summary judgment to respondent subcontractor on respondent's payment-bond claim. Because service of the notice of claim was defective, we reverse.

FACTS

The City of Owatonna hired Niles-Wiese Construction Company as the general contractor for the construction of an airport runway and taxiway. Pursuant...

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