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FIRST NAT'L BANK v. FID. & DEP. CO.

[No. 86A, September Term, 1977.]

283 Md. 228 (1978)

389 A.2d 359

THE FIRST NATIONAL BANK OF ST. MARY'S v. FIDELITY AND DEPOSIT COMPANY

Court of Appeals of Maryland.

Motion for reconsideration filed August 14, 1978.

Denied August 17, 1978.

Attorney(s) appearing for the Case

Browne L. Kooken, with whom were Dukes & Kooken and William Aleck Loker, General Counsel, on the brief, for appellant.

David A. Levin, with whom were Alan R. Siciliano and O'Malley, Miles, Farrington & McCarthy on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, LEVINE, ELDRIDGE, ORTH and COLE, JJ., and reargued before MURPHY, C.J., and SMITH, LEVINE, ELDRIDGE, ORTH and COLE, JJ., and SOLOMON LISS, Associate Judge of the Court of Special Appeals, specially assigned.

SMITH, J., delivered the opinion of the Court. LEVINE, J., dissents and filed a dissenting opinion at page 243 infra.

We shall here hold that public policy does not protect appellee, Fidelity & Deposit Company of Maryland (F & D), from liability under its policy of insurance with appellant, The First National Bank of St. Mary's (the Bank), for that portion of a judgment entered against the Bank which included an assessment of exemplary damages.

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