Panel Denies Surety’s Petition For Panel Rehearing In Performance Bond Dispute

Mealey's (May 10, 2022, 11:06 AM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on May 2 denied a surety’s petition seeking a rehearing of its April 4 reversal of a lower federal court’s dismissal of a water control and improvement district insured’s breach of contract lawsuit seeking coverage under a performance bond for a failed construction project, leaving undisturbed its finding that a 2016 agreement between the insured and a construction company amended and did not replace an earlier agreement that required the construction company to post a performance bond for the project....