Fidelity & Deposit Co. v. Port of Seattle

I conceive that the majority opinion fundamentally errs by favoring appellant with an exceedingly narrow construction of provisions written by such company in a bond. I know of no rule of law, and the parties cite none, requiring us to bestow such a benefit on the company.

The company agreed . “to indemnify and save harmless * * * [appellee] from any and all loss which it may sustain” in any of the following contingencies: (1) Failure of any employee named therein “to faithfully perform such duties as may be required of him from time to time”; (2) failure of such employee “to account for all…