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CITY OF BURLINGTON v. WESTERN SUR. CO.

No. 98-06.

599 N.W.2d 469 (1999)

CITY OF BURLINGTON, Iowa, Appellant, v. WESTERN SURETY COMPANY, Appellee.

Supreme Court of Iowa.

September 9, 1999.

Attorney(s) appearing for the Case

Craig D. Warner of Aspelmeier, Fisch, Power, Warner & Engberg, P.L.C., Burlington, for appellant.

Richard J. Kirschman and Benjamin B. Ullem of Whitfield & Eddy, P.L.C., Des Moines, for appellee.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, TERNUS, and HARRIS, JJ.

TERNUS, Justice.

This case presents a narrow issue: Can an insured who incurs expenses to avoid a third-party liability claim recover its payment under a fidelity bond? We agree with the district court that the fidelity bond at issue in this case does not provide coverage for such payments. Therefore, we affirm the district court's order entering summary judgment for the insurer.

I. Background Facts and Proceedings.

The fire department of...

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