EXCHANGE STATE BANK v. KANSAS BANKERS SUR. CO.

No. 97,452.

177 P.3d 1284 (2008)

EXCHANGE STATE BANK, St. Paul, Kansas, Appellant, v. The KANSAS BANKERS SURETY COMPANY, Appellee.

Court of Appeals of Kansas.

March 14, 2008.


Attorney(s) appearing for the Case

Richard D. Loffswold, Jr., of Girard, for appellant.

Ann L. Hoover, of Topeka, for appellee.

Before MARQUARDT, P.J., LEBEN, J., and KNUDSON, S.J.


LEBEN, J.

Exchange State Bank of St. Paul, Kansas, bought a "check kiting fraud indemnification policy" from Kansas Bankers Surety Company. Exchange Bank certainly suffered a substantial loss from check-kiting, and it seeks to recover on the policy. We must decide whether its loss was covered under the policy's terms. The policy's key provisions will focus our consideration.

The first sentence of the policy said...

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