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141265P.pdf 06/02/2015 Avon State Bank v. BancInsure, Inc.
U.S. Court of Appeals Case No: 14-1265
and No: 14-2202
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Shepherd, Author, with Gruender and Kelly, Circuit Judges]
Civil case - Insurance. The indemnity bond issued to the bank requiring
defendant to indemnify Avon for any loss resulting directly from dishonest
or fraudulent acts committed by a bank employee was not limited to first
party losses and covered third party losses such as occurred in this case
where Avon suffered the loss of third-party property in its possession; as
the district court did not err in holding that the bond covered Avon's
loss and the bond covered Avon's entire loss, the court did not need to
consider Avon's cross-appeal on the question of whether the loss was
covered under its Directors and Officers liability policy; district court
correctly applied Minnesota law in determining Avon's prejudgment interes.