Union State Bank v. St. Paul Fire & Marine Insurance

Larson, J.:

St. Paul Fire & Marine Insurance Company (St. Paul) appeals the trial court’s grant of summary judgment in favor of Union State Bank (USB).

St. Paul contends the trial court erred by ruling that USB, which had a security interest in dental equipment, was entitled to payment under its insurance policy after the equipment was destroyed in a fire St. Paul alleged was wrongfully and intentionally caused by USB’s borrower/St. Paul’s insured.

In June of 1990, Charles W. Rogers, D.D.S., contacted Atkins Insurance Agency, Inc., of Fort Scott, Kansas, (Atkins) requesting insurance coverage.…