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MONTGOMERY v. AETNA CAS. & SUR. CO.

No. 89-3052.

898 F.2d 1537 (1990)

Robert M. MONTGOMERY, Plaintiff-Appellee, v. The AETNA CASUALTY & SURETY COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 25, 1990.

Attorney(s) appearing for the Case

James A. Young, Stephen C. Davis, Haas, Boehm, Brown, Rigdon, Seacrest & Fishcher, Tampa, Fla., for defendant-appellant.

Ronnie H. Walker, P.A., Orlando, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, and JOHNSON and ANDERSON, Circuit Judges.

JOHNSON, Circuit Judge:

This case arises on appeal from the district court's order denying the motion of the defendant, Aetna Casualty and Surety Company ("Aetna"), for judgment notwithstanding the verdict.

I. FACTS

A. Background

This is an action for breach of a fiduciary responsibility insurance contract ("the policy"). Robert Montgomery ("plaintiff") was trustee of a profit sharing trust fund ("the plan") for employees of the...

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