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CORWIN CHRYSLER-PLYMOUTH v. WESTCHESTER FIRE INS. CO.

Civ. No. 9539.

279 N.W.2d 638 (1979)

CORWIN CHRYSLER-PLYMOUTH, INC., a corporation, Plaintiff, Appellee, and Cross-Appellant, v. WESTCHESTER FIRE INSURANCE COMPANY, a corporation, Defendant, Appellant, and Cross-Appellee.

Supreme Court of North Dakota.

May 22, 1979.

Attorney(s) appearing for the Case

Wickham Corwin, of Conmy, Feste & Bossart, Fargo, for plaintiff, appellee, and cross-appellant.

John E. Rowell, of Nilles, Hansen, Selbo, Magill & Davies, Fargo, for defendant, appellant, and cross-appellee.

VANDE WALLE, Justice.

Westchester Fire Insurance Company ("Westchester") issued an insurance policy to Corwin Chrysler-Plymouth, Inc. ("Corwin"), insuring against employee defalcations. After one of Corwin's employees embezzled cash funds from it, Corwin sought reimbursement for the embezzlement from Westchester by filing a claim in accordance with the terms of the insurance policy. Westchester paid part of the claim to Corwin, but denied that the insurance policy...

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