STATE EX REL. WAGNER v. AMWEST SUR. INS.

No. S-09-1128.

790 N.W.2d 866 (2010)

280 Neb. 729

STATE of Nebraska ex rel. L. Tim WAGNER, Director of Insurance of the State of Nebraska, appellee, v. AMWEST SURETY INSURANCE Company, appellee, and Federal Deposit Insurance Corporation, receiver for NetBank, F.S.B., claimant, appellant.

Supreme Court of Nebraska.

October 29, 2010.


Attorney(s) appearing for the Case

Robert B. Bernstein , of Vandenberg & Feliu, L.L.P., James G. Powers and Michael T. Eversden , of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, and William V. Custer , LeeAnn Jones , and Jennifer B. Dempsey , of Bryan Cave, L.L.P., for appellant.

Robert L. Nefsky , John H. Binning , and Jane F. Langan , of Rembolt Ludtke, L.L.P., Lincoln, for appellee Director of Insurance.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

SUMMARY

During 1999 and 2000, NetBank, a federal savings bank; Commercial Money Center (CMC); and Amwest Surety Insurance Company (Amwest) entered into seven agreements. Under these agreements, Amwest undertook the duty to perfect NetBank's security interests in the underlying collateral so that NetBank would be protected from subsequent creditors or a CMC bankruptcy. Amwest never perfected the security interests, and CMC later filed for bankruptcy...

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