Legal Opinion
Empire Bank v. Fidelity & Deposit Company of Maryland
Court of Appeals for the Eighth Circuit
Decided June 16, 1994No. 93-3309PublishedCited by 10 opinions
1Opinion of the Court
JOHN R. GIBSON, Senior Circuit Judge.
Empire Bank, having paid two-hundred thousand dollars to settle a customer’s claim against it, seeks to recoup its losses from its financial institution bond carrier, Fidelity & Deposit Company of Maryland. The claim arose from Empire’s cashing checks payable to Empire’s customer, Campbell 66 Express, Inc., and checks drawn by Campbell 66 and payable to third persons. The district court 1 entered judgment for Fidelity & Deposit, on three grounds: that the loss did not result from a type of activity covered by the bond; that Empire discovered the claim…
2Cases cited5 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Frank B. Hall & Co. v. Alexander & Alexander, Inc.Court of Appeals for the Eighth Circuit · 1992
- The Fidelity and Casualty Company of New York, a Corporation v. Bank of AltenburgCourt of Appeals for the Eighth Circuit · 1954
- Jefferson Bank & Trust Co. v. Central Surety & Insurance Corp.Supreme Court of Missouri · 1966
- Empire Bank v. Fidelity & Deposit Co. of MarylandDistrict Court, W.D. Missouri · 1993
3Cited by10 opinions
- First State Bank of Monticello v. Ohio Casualty InsuranceCourt of Appeals for the Seventh Circuit · 2009
- St. Paul Fire And Marine Insurance Company v. Missouri United School Insurance CouncilCourt of Appeals for the Eighth Circuit · 1996
- O'Neal v. Southwest Missouri Bank of Carthage (In Re Broadview Lumber Co.)United States Bankruptcy Court, W.D. Missouri · 1994
- Kenneth Freeman v. State Farm Mutual Automobile Insurance Company, Inc.Court of Appeals for the Eighth Circuit · 2006
- Demma Fruit Co. v. Old Fashioned Enterprises, Inc. (In Re Old Fashioned Enterprises, Inc.)District Court, D. Nebraska · 2000
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