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ARTICLE · 09 JANUARY 2013

U.S. Case Extends Fidelity Bond Reach

Appeals has ruled that a financial institution’s fidelity bond provides for coverage for losses beyond those of the bank, and includes losses of customer funds.

CanadaInsurance

Appeals has ruled that a financial institution's fidelity bond provides for coverage for losses beyond those of the bank, and includes losses of customer funds. In First Defiance Financial Corporation v. Progressive Casualty Insurance Company, three financial institutions sought to recover nearly $1-million (all figures U.S.) stolen by an employee from client brokerage accounts, thereby seemingly extending the reach of coverage under a fidelity bond beyond losses sustained by the financial institution itself.

The employee in question, Jeffrey Hunt, was a dual employee of First Defiance and a third-party broker-dealer. He managed discretionary brokerage accounts for First Defiance and traded securities on behalf of clients through the third-party brokerage. Eventually, it was discovered that Hunt stole about $860,000 from his clients' brokerage accounts. First Defiance reimbursed the stolen money and an additional $73,000 to cover lost interest and foregone gains in

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