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182653P.pdf   12/07/2020  Federal Insurance Company  v.  Axos Clearing LLC
   U.S. Court of Appeals Case No:  18-2653
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Loken, Author, with Shepherd and Erickson, Circuit Judges] 
   Civil case - Bonds. The district court properly interpreted New Jersey law 
   when it concluded that Axos's predecessor's payments to settle third-party 
   claims based on an employee's dishonest acts directed at the third parties 
   were not a direct loss under the Insuring Clause of the Financial 
   Institution Bond at issue; nor did the district court err in dismissing 
   Axos's counterclaim under a separate clause as Axos failed to show that 
   admissible evidence would be available at trial to prove the employee 
   personally committed a covered dishonest act.