National Union Fire Insurance v. Federal Deposit Insurance

This is an appeal from a summary judgment entered in favor of an insurer in a declaratory judgment action. The district court held that due to the late filing of proof of loss, recovery was barred under fidelity bonds issued to the savings and loan association. National Union Fire Insurance Co. v. Resolution Trust Corp., 923 F.Supp. 1402 (D.Kan.1996). The Federal Deposit Insurance Corporation (FDIC), as successor to the receiver for the savings and loan association, appealed.

Under the Uniform Certification of Questions of Law Act, K.S.A. 60-3201, et seq., we certified to the Kansas Supreme…