FIRST N. B. & T. CO., CHICKASHA, OKL. v. CONTINENTAL I. CO.

No. 74-1160.

510 F.2d 7 (1975)

The FIRST NATIONAL BANK AND TRUST COMPANY, CHICKASHA, OKLAHOMA, Plaintiff-Appellee, v. The CONTINENTAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 10, 1975.

Rehearing Denied January 29, 1975.

Certiorari Denied April 28, 1975.


Attorney(s) appearing for the Case

Kerry W. Caywood, Chickasha, Okl. (Park, Nelson & Caywood, Chickasha, Okl., on the brief), for plaintiff-appellee.

Ben A. Goff, Oklahoma City, Okl. (Rhodes, Hieronymus, Holloway & Wilson, Oklahoma City, Okl., on the brief), for defendant-appellant.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.


McWILLIAMS, Circuit Judge.

This is a dispute between an insurance company and its insured and the issue here to be resolved is whether a loss suffered by the insured, a bank, is covered by a bankers blanket bond. The insurance company defended on the ground that the loss incurred was a loan loss and, as such, an excluded risk. In a trial to the court, sitting without a jury, the trial court held that the loss suffered by the insured was not a loan loss, and that the...

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