FIRST NAT. BANK OF LOUISVILLE v. LUSTIG

No. 90-3820.

961 F.2d 1162 (1992)

FIRST NATIONAL BANK OF LOUISVILLE, Plaintiff-Appellee, Cross-Appellant, v. Loretta LUSTIG, et al., Defendants, and Aetna Casualty & Surety Co., and Federal Insurance Co., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

On Petition for Rehearing June 29, 1992.


Attorney(s) appearing for the Case

Frederick R. Bott, Matt J. Farley, Ellis B. Murov, Allen F. Campbell, Deutsch, Kerrigan & Stiles, New Orleans, La., Larry L. Simms, Bradford R. Clark, John K. Bush, Joseph Avanzato, Gibson, Dunn & Crutcher, Washington, D.C., for defendants-appellants, cross-appellees.

William E. Brown, Phillip A. Wittmann, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, La., for defendants.

Patrick M. Ardis, Robert M. Johnson, Daniel K. Evans, Wolff Ardis, Memphis, Tenn., for First Nat. Bank of Louisville.

Before REAVLEY, HIGGINBOTHAM and DeMOSS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we interpret a standard form Bankers Blanket Bond, in deciding an appeal from summary judgment granted to First National Bank of Louisville. The district court held that a Bond issued by Aetna Casualty and Surety Co. and Federal Insurance Co. covered the dishonest or fraudulent acts of FNBL employee Kevin DeWitt, without proof that he intended by his fraudulent acts to cause any loss to the bank. We conclude that the bond...

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