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UNITED FIRE & CAS. v. BORING & TUNNELING COMPANY OF AMERICA

No. 01-08-00487-CV.

321 S.W.3d 24 (2010)

UNITED FIRE & CASUALTY CO., Appellant, v. BORING & TUNNELING COMPANY OF AMERICA d/b/a Bortunco, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled March 18, 2010.

Attorney(s) appearing for the Case

Brian R. Gaudet , Coats, Rose, Yale, Ryman & Lee, P.C., League City, TX, for appellant.

Jerrad D. Bloome , Richard M. Kaplan , Weycer, Kaplan, Pulaski & Zuber, P.C., Houston, TX, for appellee.

Panel consists of Justices KEYES, HANKS, and SHARP.

OPINION

EVELYN V. KEYES, Justice.

On cross motions for summary judgment in a suit to collect on a McGregor Act1 payment bond, the trial court granted summary judgment in favor of appellee, Boring & Tunneling Company of America ("Bortunco"), and denied the motion of appellant, United Fire & Casualty Company ("United Fire"). In two issues, United Fire argues that (1) Bortunco failed to substantially comply with the notice...

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