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CONESTOGA TITLE v. PREMIER TITLE

746 A.2d 462 (2000)

CONESTOGA TITLE INSURANCE CO., Plaintiff/Third Party Plaintiff-Respondent, v. PREMIER TITLE AGENCY, INC., f/k/a Stewart Title Agency of Salem County, Robert M. Wurster, Patricia J. Wurster, George Hampton, Beverly Hampton, Kevin Mark Marini, William McIntyre, Janet M. McIntyre, Patricia J. McMahon, Margaret M. McMahon, Richard K. Humphreys, Sherry J. Humphreys, John T. Segich, Laura M. Segich, Frederice Humphreys, William T. Smith, Susan P. Smith, Bank United of Texas, FSB, d/b/a Commonwealth United Mortgage, Defendants, v. Old Republic Insurance Company a/k/a Old Republic Surety Company, Frontier Insurance Company, Premier Title Agency, Inc., f/k/a Stewart Title Agency of Salem County, Third-Party Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 2000.

Attorney(s) appearing for the Case

Roger P. Sauer, Roseland, for third-party defendant-appellant Old Republic Insurance Company (Lindabury, McCormick & Estabrook and Friedman Siegelbaum, attorneys; Mr. Sauer and Lindsey H. Taylor, on the brief).

R. James Kravitz, Lawrenceville, for plaintiff/third party plaintiff-respondent (Fox, Rothschild, O'Brien & Frankel, attorneys; Mr. Kravitz, of counsel and on the brief).

Wolff & Samson, for amici curiae The Surety Association of America and American Insurance Association (Edward G. Gallagher and Martha L. Perkins, Washington, DC, of counsel; Armen Shahinian, Roseland, on the brief).

Before Judges PETRELLA, CONLEY and COBURN.

The opinion of the court was delivered by COBURN, J.A.D.

This is an action on a fidelity bond by the assignee of the insured. The Law Division judge found in favor of the assignee, plaintiff Conestoga Title Insurance Company ("Conestoga"), and entered judgment in the amount of $385,470.59. The bond issuer, defendant Old Republic Insurance Company ("Old Republic"), appeals. We reverse because the thefts resulting in the claim under the bond were committed not by an...

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