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AETNA LIFE & CASUALTY CO. v. HAMPTON STATE BANK

No. 18036.

497 S.W.2d 80 (1973)

AETNA LIFE AND CASUALTY COMPANY, Appellant, v. HAMPTON STATE BANK, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 28, 1973.

Attorney(s) appearing for the Case

C. Edward Fowler, Jr., Bailey, Williams, Westfall & Henderson, Dallas, for appellant.

Bill J. Stephens, Stephens & Stephens, Dallas, for appellee.

GUITTARD, Justice.

Hampton State Bank sued Aetna Life and Casualty Company on an insurance contract called a "banker's blanket bond" for a loss resulting from a forged check. Aetna answered that no insured loss occurred, since Hampton forwarded the check through banking channels to the drawee, Northwest National Bank, and after Northwest paid the check, Hampton asked Northwest to send it back and voluntarily refunded the payment. In order to determine whether an insured...

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