Memorandum Opinion and Order

Pending is the motion for partial summary judgment of Mid-State Surety Corporation (“Mid-State”), filed February 6, 2006.  Also pending is the motion for partial summary judgment of International Fidelity Insurance Company (“Fidelity”), initially filed April 3, 2006, as a memorandum in opposition to Mid-State’s motion for partial summary judgment, and recharacterized as a motion for summary judgment by order entered September 5, 2007.¹