United States Fidelity & Guaranty Co. v. Shields

Bell, Chief Judge.

In this suit to recover a monetary loss allegedly covered under the provisions of a mercantile robbery and safe burglary insurance policy, the trial court denied the defendant’s motion for summary judgment and certified the denial for direct appeal.

The deposition of an employee of plaintiff’s shows that the employee customarily used his own car to take checks of plaintiff’s to the bank, cashed them and returned the money to plaintiff. On February 10, 1970, the employee went to the bank with checks totalling $1,070, cashed them, placed the money in a bag, left the bank and…