Miami National Bank v. Pennsylvania Insurance

HENDRY, Judge.

Plaintiff-appellant (Bank) appeals the final judgment in a nonjury trial entered for defendant appellee (Insurer) in an action on a Banker’s Blanket Bond. Appellant’s claim was for damages for ap-pellees’ refusal to pay for a loss which it alleges was covered by the bond.

On October 7, 1966, six months after discovery of the loss,1 appellant Bank noti*833fied appellee Insurer and made claim under the bond. Notwithstanding the late notice given to the Insurer, the bank contends that: late notice alone will not relieve a bonding company from its obligations where the insured has used…