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CONTINENTAL CAS. CO. v. FIFTH/THIRD BANK

No. 3:03CV7217.

418 F.Supp.2d 964 (2006)

CONTINENTAL CASUALTY COMPANY, Plaintiff v. FIFTH/THIRD BANK, Defendant.

United States District Court, N.D. Ohio, Western Division.

March 3, 2006.

Attorney(s) appearing for the Case

John M. Carey, Watkins, Bates & Carey, Toledo, OH, Randall Marmor, Clausen Miller, Chicago, IL, Richard M. Kerger, Kerger & Associates, Robert W. Bohmer, Watkins, Bates & Carey, Stephen D. Hartman, Kerger & Kerger, Toledo, OH, for Plaintiff Continental Casualty Company.

Laurie J. Pangle, Spengler Nathanson, Teresa L. Grigsby, Spengler Nathanson, Theodore M. Rowen, Spengler Nathanson, Toledo, OH, for Defendant Fifth Third Bank.

ORDER

CARR, Chief Judge.

This is a subrogation claim by an insurance company, which paid a loss resulting from the defalcation of an agent, Samuel Balber, of Brooks Insurance Company, a Toledo, Ohio, insurance agency. Jurisdiction exists under 28 U.S.C. § 1332(a)(1).

Balber deposited more than $500,000 worth of premium payment checks into his personal account at defendant Fifth/Third Bank (5/3). The checks should have been deposited into the...

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