GUARDIAN LIFE INS. CO. OF AMERICA v. WEISMAN

Nos. 99-5397, 99-5398.

223 F.3d 229 (2000)

The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA; The Guardian Insurance & Annuity Company, Inc. v. Mark WEISMAN; Chemical Bank of Delaware; Midlantic National Bank; Corestates Bank of Delaware, N.A.; Merchants Bank, N.A.; ABC Bank; John Does 1-10 v. PNC Bank, N.A.; The Guardian Insurance & Annuity Company, Inc; Mark Weisman; Chemical Bank of Delaware; Midlantic National Bank, Third-Party Plaintiffs, v. Weisman Associates; ABC Companies 1-10; John Does 1-10; Jane Does 1-10, Third-Party Defendants. The New England Mutual Life Insurance Company v. Midlantic National Bank, N.A.; Wachovia Bank Of Georgia; John Doe Bank, 1-10; John Doe, individuals 1-10; v. PNC Bank, N.A.; Wachovia Bank of Georgia, Third-Party Plaintiffs, v. Mark Weisman; Weisman Associates; ABC Companies 1-10; John Does 1-10; Jane Does 1-10, Third-Party Defendants; Chemical Bank of Delaware; Corestates Bank of Delaware, N.A., Appellants, The Guardian Life Insurance Company of America; The Guardian Insurance & Annuity Company, Inc.; The New England Mutual Life Insurance Company, Appellants.

United States Court of Appeals, Third Circuit.

Filed August 14, 2000.


Attorney(s) appearing for the Case

Gregg S. Sodini (Argued), Harris, Beach & Wilcox, Hackensack, NJ, for Appellants/Cross Appellees.

Dennis J. Drasco (Argued), Kevin J. O'Connor, Lum, Danzis, Drasco, Positan & Kleinberg, Roseland, NJ, for Appellees/Cross Appellants.

Before SCIRICA, NYGAARD and COWEN, Circuit Judges.


OPINION OF THE COURT

COWEN, Circuit Judge

Over the course of roughly five years Mark Weisman, an authorized agent of three insurance companies, submitted fraudulent payment requests to those companies using various customers' names. With the payments routed through his office, Weisman ultimately collected 91 checks, which he promptly deposited into his personal bank account after forging the payee indorsements. Because Weisman is now in prison and insolvent...

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