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DIXIE NAT. BANK v. EMP. COMMERCIAL U. INS.

No. 65118.

463 So.2d 1147 (1985)

DIXIE NATIONAL BANK OF DADE COUNTY, Etc., Plaintiff, v. EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY OF AMERICA, Etc., Defendant-Third Party, Plaintiff-Appellant, v. Dr. Thomas F. CARNEY, Etc., Third Party Defendants-Appellees.

Supreme Court of Florida.

February 7, 1985.

Attorney(s) appearing for the Case

James E. Tribble of Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, for plaintiff-appellant.

Edward G. Rubinoff of Preddy, Kutner & Hardy, and Michael J. Cappucio of Fowler, White, Burnett, Hurley, Banick & Strickroot, Miami, for defendants-appellees.

ALDERMAN, Justice.

The United States Circuit Court of Appeals for the Eleventh Circuit has certified the following questions for this Court to address because they are questions of Florida law with no controlling precedent in the decisions of this Court. These questions are:

(1) In an action by a fidelity bond insurer against the directors of a bank and the directors' insurer for the directors' negligence in failing to prevent embezzlement losses, if the...

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