NATIONAL CITY BANK v. ST. PAUL FIRE & M.

No. C6-88-1378.

447 N.W.2d 171 (1989)

NATIONAL CITY BANK OF MINNEAPOLIS, Respondent, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, petitioner, Appellant.

Supreme Court of Minnesota.

November 3, 1989.


Attorney(s) appearing for the Case

R.D. Blanchard, Thomas H. Crouch, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for appellant.

John H. Daniels, Jr., Robert R. Nardi, Willeke & Daniels, Minneapolis, for respondent.

David H. Gregerson, Lang, Pauly & Gregerson, Ltd., Minneapolis, for Transamerica Ins. Co. of California — Amicus.

Gregory M. Bistram, Leonard W. Glewwe, Moore, Costello & Hart, St. Paul, for Continental Ins. Co. — Amicus.

Heard, considered, and decided by the court en banc.


OPINION

POPOVICH, Chief Justice.

As a result of the acceptance by respondent National City Bank of Minneapolis ("National City") of two fake stock certificates as collateral for a loan, the bank sought indemnification, following default by the borrower, under its Bankers Blanket Bond ("Bond") from appellant St. Paul Fire & Marine Insurance Company ("SPF & MI"). Appellant denied coverage under the Bond because the fake stock certificates were not...

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