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F.D.I.C. v. KANSAS BANKERS SUR. CO.

Nos. 90-6321, 91-6108.

963 F.2d 289 (1992)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for First National Bank of Hammon; Federal Deposit Insurance Corporation, as Receiver for First National Bank of Tipton, Plaintiffs-Appellants, v. The KANSAS BANKERS SURETY COMPANY, a Kansas Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 27, 1992.

Attorney(s) appearing for the Case

Eugene J. Comey of Comey & Boyd, Washington, D.C. (David R. Boyd and Sean M. Fitzpatrick of Comey & Boyd, Washington, D.C., James Vogt of Reynolds & Ridings, Oklahoma City, Okl., Robert A. Patrick, Federal Deposit Ins. Corp., Washington, D.C., with him on the briefs), for plaintiffs-appellants.

Deanne Watts Hay of Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, Kan. (Ann L. Hoover and Myron L. Listrom of Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, Kan., James E. Golden, Jr. of Kirk & Chaney, Oklahoma City, Okl., on the brief), for defendant-appellee.

Before ANDERSON, BRORBY and ALDISERT, Circuit Judges.

BRORBY, Circuit Judge.

This case deals with timely notice of loss to the insurer. The Federal Deposit Insurance Corporation (FDIC) appeals the district court's ruling that the notice requirement provision of two bank fidelity insurance contracts was binding on the FDIC as assignee of the failed banks' claim. The district court found notice was untimely and therefore the FDIC could not recover from the insurance company. The FDIC argues enforcement of the notice provision...

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