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BANK OF CUMBERLAND v. AETNA CAS. AND SUR. CO.

No. 90-6160.

956 F.2d 595 (1992)

BANK OF CUMBERLAND, Plaintiff-Appellee, v. AETNA CASUALTY AND SURETY COMPANY, Defendant and Third Party Plaintiff-Appellant, Myrtle S. Blakley, Executrix of the Estate of Alton E. Blakley, deceased; et al., Third Party Defendants.

United States Court of Appeals, Sixth Circuit.

Decided February 11, 1992.

Attorney(s) appearing for the Case

Charles M. Pritchett, Brown, Todd & Heyburn, Louisville, Ky., Stephen B. Catron (briefed), Linda B. Thomas (argued), Reynolds, Catron, Johnston & Hinton, Bowling Green, Ky., for plaintiff-appellee.

Samuel L. Akers, William B. Luther, Shane Usary, Luther, Anderson, Cleary, Ruth & Speed, Chattanooga, Tenn., Thomas N. Kerrick, Campbell, Kerrick & Grise, Bowling Green, Ky., Larry L. Simms (briefed), Bradford R. Clark (argued), Jeanne M. Hauch, Gibson, Dunn & Crutcher, Washington, D.C., for defendant and third party plaintiff-appellant and third party defendants.

Before NELSON and SUHRHEINRICH, Circuit Judges, and HARVEY, Senior District Judge.

SUHRHEINRICH, Circuit Judge.

Defendant Aetna Casualty and Surety Company ("Aetna"), appeals the jury verdict for plaintiff, Bank of Cumberland ("BOC"), in this diversity insurance action. Specifically, Aetna argues that the district court erred in failing to grant Aetna's motion for judgment notwithstanding the verdict ("JNOV"). For the reasons that follow, the judgment entered below is REVERSED.

I

C.H. Butcher, Jr. owned a large number of banks...

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