Robert M. Montgomery v. The Aetna Casualty & Surety Company

JOHNSON, Circuit Judge:

This case arises on appeal from the district court’s order denying the motion of the defendant, Aetna Casualty and Surety Company (“Aetna”), for judgment notwithstanding the verdict.

I. FACTS

A. Background

This is an action for breach of a fiduciary responsibility insurance contract (“the policy”). Robert Montgomery (“plaintiff”) was trustee of a profit sharing trust fund (“the plan”) for employees of the law firm of Howell, Kirby, Montgomery, D’Auito & Dean. Aetna issued plaintiff the policy, which provided that Aetna would

[p]ay on behalf of the Insured all sums which the…