Legal Opinion

Fidelity & Deposit Co. v. Nordmarken

North Dakota Supreme Court

Decided November 6, 1915PublishedCited by 10 opinions

Appeal from tbe District Court, McHenry County, A. O. Burr, J. Action by tbe Fidelity & Deposit Company of Maryland against Oliver O. Nordmarken. Directed verdict for the defendant, and from an order refusing a new trial, plaintiff appeals.

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Appeal from tbe District Court, McHenry County, A. O. Burr, J. Action by tbe Fidelity & Deposit Company of Maryland against Oliver O. Nordmarken. Directed verdict for the defendant, and from an order refusing a new trial, plaintiff appeals. A clause in an indemnity insurance policy, to the effect that the voucher received on payment of money by such company in settlement of loss sustained by the employer through the acts of the employee shall be conclusive evidence as to the amount and liability, is not void as being against public policy. London Guaranty & Acci. Co. v. Geddes, 22 Fed. 639. A…

1Opinion of the Court

Hanley, Special Judge.

The plaintiff is what is termed a “guaranty insurance company,” engaged in the business of guarantying employers against the fraud and dishonesty of their employees; and this action was brought by the plaintiff company to recover money paid by the plaintiff to the trustees in bankruptcy of the Western Implement Company, in settlement and compromise of an action brought by the trustees against the plaintiff corporation upon a bond by which the plaintiff obligated itself to make good to the Implement Company, defendant’s employer, such loss as it might sustain by reason of…

2Cases cited3 opinions

  1. Fidelity & Casualty Co. v. EickhoffSupreme Court of Minnesota · 1895
  2. Fidelity & Casualty Co. of New York v. CraysSupreme Court of Minnesota · 1899
  3. London Guaranty & Accident Co. v. GeddesUnited States Circuit Court · 1885

3Cited by10 opinions

  1. Fidelity & Casualty Co. of New York v. HarrisonCourt of Appeals of Texas · 1925
  2. Fidelity & Deposit Co. v. DavisSupreme Court of Kansas · 1930
  3. National Surety Co. v. FultonAppellate Division of the Supreme Court of the State of New York · 1920
  4. United States Fidelity & Guaranty Co. v. BakerSupreme Court of Arkansas · 1918
  5. Standard Acc. Ins. Co. v. FellLouisiana Court of Appeal · 1941

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