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United States Eighth Circuit


BancInsure, Inc. v. Marshall Bank, N.A., 05-4454

Summary judgment for plaintiff-bond issuer in a declaratory action over coverage for losses arising from loans made by defendant-bank involving forged guarantors' signatures is affirmed over claims that: 1) faxed copies of guarantees should be treated as if they were originals, and that the bank's possession of faxed guarantees satisfied a bond's physical possession condition; and 2) the bank was entitled to relief under the illusory coverage doctrine.

Appellate Information

  • Decided 07/17/2006
  • Published 07/17/2006

Judges

  • HEANEY, Circuit Judge., Before SMITH, HEANEY, and GRUENDER, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Thomas H. Boyd and Matthew R. McBride, Minneapolis, MN, for appellant.

  • For Appellees:
  • David H. Gregerson and Mark Johnson, Minneapolis, MN, for appellee.
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