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TRI CITY NATIONAL BANK v. FEDERAL INS. CO.

No. 03-0305.

268 Wis.2d 785 (2003)

2004 WI App 12

674 N.W.2d 617

TRI CITY NATIONAL BANK, Plaintiff-Appellant, v. FEDERAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 9, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Dennis L. Fisher, Steven F. Stanaszak, and Joseph M. Engl of Meissner, Tierney, Fisher & Nichols, S.C., of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Donald L. Mrozek, pro hac vice, Stephen R. Swofford, pro hac vice, and Randal N. Arnold of Hinshaw & Culbertson, of Milwaukee.

A nonparty brief was filed by Thomas N. Klug of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee, on behalf of the Surety Association of America.

A nonparty brief was filed by John E. Knight and Kirsten E. Spira of Boardman, Suhr, Curry & Field, LLP, of Madison, on behalf of the Wisconsin Bankers Association.

Before Fine, Schudson and Curley, JJ.

¶ 1. CURLEY, J.

Tri City National Bank (Tri City) appeals from the trial court judgment and order dismissing its suit against Federal Insurance Company (Federal). Tri City sued Federal, seeking reimbursement under a fidelity bond issued to Tri City by Federal, for monies paid to two mortgage companies in the form of settlements as the result of the fraudulent acts of two Tri City employees. We determine that because...

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