First Federal Savings Bank v. Continental Casualty Co.
768 F. Supp. 1449 | District Court, D. Kansas | 1991
Holding Summary
A fidelity bond covers losses from forged lien waivers on checks under the forgery provision, but does not cover losses from allegedly counterfeit construction documents that do not themselves create or discharge liens.
Coverage extends to any loss resulting directly from a forgery or alteration on or in the checks.
Related Cases
Green International, Inc. v. Solis
No-damages-for-delay clauses in construction contracts need not meet the conspicuousness requirement established in Dresser for exculpatory negligence clauses, and such clauses are enforceable to bar delay damages absent specific exceptions.
Italian Cowboy Partners, Ltd. v. Prudential Insurance Co. of America
A standard merger clause without clear and unequivocal language expressly disclaiming reliance does not bar a fraud claim, even in a commercial lease agreement between parties.
Heldenfels Bros. v. City of Corpus Christi
A municipality owes no duty to a subcontractor to ensure a general contractor provides valid payment bonds, and a subcontractor cannot recover from the municipality under quantum meruit, unjust enrichment, or negligence theories when the general contractor abandons the project.
Department of the Army v. Blue Fox, Inc.
Sovereign immunity bars subcontractors from enforcing equitable liens against the United States Government, as the APA's waiver of immunity does not extend to claims for money damages.
Weize Co. v. Colorado Regional Construction, Inc.
A general contractor violated Colorado's construction trust fund statute by failing to hold funds in trust for subcontractors and suppliers, and a lien release bond does not exempt contractors from trust fund obligations or excuse failure to record a lis pendens.
Rice v. Pinney
A county court has jurisdiction to determine immediate possession in a forcible detainer action even when a concurrent district court suit challenges title, provided the possession determination does not necessarily require resolving the title dispute.