Bolling Federal Credit Union v. Cumis Insurance Society, Inc.

I respectfully dissent because I believe there are genuine issues of material fact that preclude summary judgment.

I

The release at issue provides:

WHEREAS, CUMIS Insurance Society, Inc. (“CUMIS”) issued a bond number CPC 09992 dated January 11, 1972, with various endorsements and renewals, to Bolling Federal Credit Union (“Bolling”);

WHEREAS, Bolling has made various claims under the bond for losses allegedly resulting from the unfaithful performance of its employees;

WHEREAS, CUMIS and Bolling have agreed to compromise the losses allegedly incurred by Bolling;

THE PARTIES THEREFORE AGREE:

In…