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BOZEMAN v. BANCINSURE, INC.

No. 09-36088.

BANK OF BOZEMAN; DAKOTA WESTERN BANK; BANK OF HAZELTON; BANK FORWARD, AKA Security State Bank of North Dakota; WADENA STATE BANK; MCVILLE STATE BANK, Plaintiffs-Appellants, v. BANCINSURE, INC., an Oklahoma corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2010.

NOT FOR PUBLICATION

MEMORANDUM*

A condition precedent to coverage under Banclnsure's Financial Institution Bond (FIB) is "[a]ctual physical possession of [original security documents] by the Insured . . . or [its] authorized representative." Appellants (Participant Banks) did not present evidence that they or an authorized representative had "actual physical possession" of the original security documents before they extended...

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