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AETNA LOAN CO. v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 9059.

9 Utah 2d 412 (1959)

346 P.2d 1078

AETNA LOAN COMPANY, PLAINTIFF AND RESPONDENT, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, A MARYLAND CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

December 3, 1959.

Attorney(s) appearing for the Case

Marr, Wilkins & Cannon, Richard H. Nebeker, Salt Lake City, for appellant.

Richards, Bird & Hart, Lon Rodney Kump, David A. Robinson, Salt Lake City, for respondent.

HENRIOD, Justice.

Interlocutory appeal from an order denying a defense motion for summary judgment. Reversed with instructions to vacate the order and enter an order granting defendant's motion for summary judgment. Costs to defendant.

Plaintiff sued for damages allegedly arising out of the defalcation of one Knowles, claimed to be included in a $100,000 "blanket" fidelity bond covering plaintiff's employees.

The following facts are admitted: Knowles...

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