BRIGHAM YOUNG UNIVERSITY v. LUMBERMENS MUT.

No. 90-4118.

965 F.2d 830 (1992)

BRIGHAM YOUNG UNIVERSITY, a Utah corporation, Plaintiff-Appellant, v. LUMBERMENS MUTUAL CASUALTY COMPANY, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 22, 1992.


Attorney(s) appearing for the Case

John A. Adams, Ray, Quinney & Nebeker (Stephen B. Nebeker and James S. Jardine, with him, on the briefs), Salt Lake City, Utah, for plaintiff-appellant.

Joseph J. Joyce, Strong & Hanni (R. Scott Williams, with him, on the brief), Salt Lake City, Utah, for defendant-appellee.

Before HOLLOWAY and SETH, Circuit Judges, and DUMBAULD, District Judge.


SETH, Circuit Judge.

Brigham Young University filed suit seeking declaratory relief under a fidelity policy from Lumbermens Mutual Casualty Company (Lumbermens) for losses the University had suffered. These had taken place over ten or twelve years. This included a period of time before the Lumbermens policy became effective. The losses were from the school's art collection and had gone undiscovered for years.

The parties filed cross motions for summary judgment...

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