Bankwest, a Kansas Corporation v. Fidelity & Deposit Company of Maryland, a Maryland Corporation

HENRY, Circuit Judge.

Plaintiff-appellant Bankwest appeals the district court’s order granting summary judgment to defendant-appellee Fidelity Deposit Company of Maryland (Fidelity). The district court ruled that Fidelity had no duty to defend or indemnify Bankwest in conjunction with a lawsuit filed by two customers who alleged Bankwest had damaged their reputation. See Bankwest v. Fidelity & Deposit Co., 832 F.Supp. 313 (D.Kan.1993) We exercise jurisdiction under 28 U.S.C. § 1291, reverse the decision of the district court, and remand for further proceedings.

I. BACKGROUND

In 1987, Harlan Dale…