LUBIN v. CINCINNATI INS. CO.

No. 11-10231.

677 F.3d 1039 (2012)

Jordan E. LUBIN, Chapter 7 Trustee, Plaintiff-Cross Claimant-Appellant, Federal Deposit Insurance Corporation, as receiver for Integrity Bank of Alpharetta, Georgia, Intervenor Plaintiff-Cross Defendant-Appellee, v. CINCINNATI INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 7, 2012.


Attorney(s) appearing for the Case

Jay D. Brownstein , Brownstein, Nguyen & Little, LLP, Tucker, GA, Kevin S. Little , Brownstein, Nguyen & Little, LLP, Atlanta, GA, for Plaintiff-Cross Claimant-Appellant.

Minodora D. Vancea , Federal Deposit Insurance Corporation (FDIC), Appellate Litigation Unit, Arlington, VA, Kyle M. Keegan , Christopher D. Kiesel , Keegan, DeNicola, Kiesel, Bagwell, Juban & Lowe, Baton Rouge, LA, for Intervenor Plaintiff-Cross Defendant-Appellee.

Sam H. Poteet, Jr. , Fred C. Statum, III , Manier & Herod, PC, Nashville, TN, Gregory R. Veal , Bovis, Kyle & Burch, LLC, Atlanta, GA, for Defendant-Appellee.

Before MARTIN, HILL and EBEL, Circuit Judges.


PER CURIAM:

Integrity Bancshares, Inc. ("Bancshares") and its wholly owned subsidiary, Integrity Bank ("Bank"), were both named insureds of a financial institution bond that offered, among other things, fidelity insurance.1 In November 2007, the Bank submitted a proof of loss to the insurer, Cincinnati Insurance Co. ("Cincinnati"), stating that "[it] has sustained a loss resulting directly from dishonest or fraudulent acts of certain employees...

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