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SIMCOE & ERIE GENERAL INS. v. CHEMICAL BANK

No. 88 Civ. 8822 (RWS).

770 F.Supp. 149 (1991)

SIMCOE & ERIE GENERAL INSURANCE COMPANY and the Guarantee Company of North America, as subrogee of Simcoe & Erie General Insurance Company, Plaintiffs, v. CHEMICAL BANK, Defendant.

United States District Court, S.D. New York.

July 15, 1991.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, New York City, by William D. Hand, for plaintiffs.

Barbara E. Daniele, Vice President and Asst. Gen. Counsel, New York City, for Chemical Bank.

OPINION

SWEET, District Judge.

Defendant Chemical Bank, New York Trust Company ("Chemical") has moved pursuant to Rule 56, Fed.R.Civ.P., for summary judgment dismissing the diversity action of plaintiffs Simcoe & Erie General Insurance Company ("Simcoe") and its subrogee, the Guarantee Insurance Company of North America ("Guarantee"). For the reasons set forth below, the motion is granted in part and denied in part.

The Parties

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