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NATIONAL UNION FIRE INS. CO. v. F.D.I.C.

No. 96-3204.

160 F.3d 657 (1998)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PENNSYLVANIA, Plaintiff-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as successor to the Resolution Trust Corporation, as receiver for Pioneer Savings and Loan Association, and as conservator of Pioneer Federal Savings and Loan Association, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 30, 1998.

Attorney(s) appearing for the Case

Gregory E. Gore, Counsel (Ann S. DuRoss, Assistant General Counsel, Thomas L. Hindes, Senior Counsel, Federal Deposit Insurance Corporation, with him on the brief), Washington, DC, for Defendant-Appellant.

Charles M. Thomas (Charles H. Stitt and Kenton E. Snow with him on the brief), of Craft Fridkin & Rhyne, Kansas City, Missouri, for Plaintiff-Appellee.

Before BRORBY, HOLLOWAY, and EBEL, Circuit Judges.

PER CURIAM.

This is an appeal from a summary judgment entered in favor of an insurer in a declaratory judgment action. The district court held that due to the late filing of proof of loss, recovery was barred under fidelity bonds issued to the savings and loan association. National Union Fire Insurance Co. v. Resolution Trust Corp., 923 F.Supp. 1402 (D.Kan.1996). The Federal Deposit Insurance Corporation (FDIC), as successor...

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