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TRANSAMERICA INS. CO. v. STANDARD OIL CO.

Civ. No. 10175.

325 N.W.2d 210 (1982)

TRANSAMERICA INSURANCE COMPANY, Plaintiff, Appellee, and Cross-Appellant, v. STANDARD OIL COMPANY (INDIANA), d/b/a Amoco Oil Company (Maryland), Defendant, Appellant, and Cross-Appellee.

Supreme Court of North Dakota.

October 20, 1982.

Attorney(s) appearing for the Case

Robert S. Rau and Gary H. Lee, of Bosard, McCutcheon & Rau, Minot, for plaintiff, appellee, and cross-appellant; argued by Robert S. Rau, Minot.

B. Timothy Durick and Joy L. Wezelman, of Pearce, Anderson & Durick, Bismarck, for defendant, appellant, and cross-appellee; argued by B. Timothy Durick, Bismarck.

VANDE WALLE, Justice.

Robert Smith, former office manager of Minot Builders Supply Association (hereinafter "MBS"), fraudulently used a credit card issued to MBS by Standard Oil Company of Indiana, doing business as Amoco Oil Company (hereinafter "Amoco"), for his personal gain. Because Transamerica Insurance Company (hereinafter "Transamerica") insured MBS for wrongful acts by MBS employees, Transamerica paid MBS for the loss caused by Smith's fraud. As a result...

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