Christ Lutheran Church Ex Rel. Matthews v. State Farm Fire & Casualty Co.

Judge Wynn

dissenting.

I would decline to follow the federal cases cited by the majority, Diamond Trans. Sys., Inc. v. Traveler’s Indemnity Co., 817 F. Supp. 710 (N.D. Ill. 1993) and Business Interiors, Inc. v. Aetna Casualty & Surety Co., 751 F.2d 361 (10th Cir. 1984). Instead, I agree with the Minnesota Court of Appeals that “[t]he phrase ‘series of related acts’ is subject to more than one reasonable interpretation when determining whether an employee’s dishonest acts are subject to a single occurrence coverage limit, and is, therefore, ambiguous. The ambiguous language must be construed in…