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STATE BANK OF BELLINGHAM v. BANCINSURE, INC.

No. 14-3432.

823 F.3d 456 (2016)

STATE BANK OF BELLINGHAM, Plaintiff-Appellee v. BANCINSURE, INC., now known as Red Rock Insurance Co., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 20, 2016.

Attorney(s) appearing for the Case

Joseph Arthur Nilan , argued, Joseph Arthur Nilan , Mark J. Johnson , Thomas James Power , on the brief, Minneapolis, MN, for Defendant-Appellant.

Jonathan Millea Bye , argued, Jonathan Millea Bye , Bryan R. Freeman , on the brief, Minneapolis, MN, for Plaintiff-Appellee.

Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.

A computer at the State Bank of Bellingham (Bellingham) became infected with malware, allowing a criminal third party to transfer $485,000 from Bellingham to a foreign bank account. Bellingham sought coverage for the loss under its Financial Institution Bond (Bond) issued by BancInsure, Inc. (BancInsure). BancInsure denied...

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