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FIRST NAT. BANK v. FIDELITY & DEPOSIT

No. 94-2042.

545 N.W.2d 332 (1996)

The FIRST NATIONAL BANK OF MISSOURI VALLEY, Appellant, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND and Glen Falls Insurance Company, Appellees.

Court of Appeals of Iowa.

February 2, 1996.

Attorney(s) appearing for the Case

Douglas E. Baker and Thomas D. Wulff of Welch, Wulff & Childers, Omaha, Nebraska, and Bradford L. Davis of Davis & Davis Attorneys at Law, Council Bluffs, for appellant.

John P. Mullen and James D. Buser of Gaines, Mullen, Pansing & Hogan, Omaha, Nebraska, for appellee-Fidelity & Deposit Company of Maryland.

Jon J. Puk and J. Joseph McQuillan of Wallentine, O'Toole, McQuillan & Gordon, Omaha, Nebraska, for appellee-Glen Falls Insurance Company.

Heard by HAYDEN, P.J., and CADY and HUITINK, JJ.

HAYDEN, Presiding Judge.

This action was brought by First National Bank of Missouri Valley, Iowa, (Bank) against two insurance companies, Fidelity and Deposit Company of Maryland (Fidelity) and Glen Falls Insurance Company (Glen Falls) for their failure to defend the Bank in a suit brought by Kurtis and Doris Goembel.

The Goembels filed a petition against the Bank alleging it breached a written contract and breached an implied contract of good faith and fair...

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