Federal Deposit Ins. Corp. v. Fireman's Fund Ins. Co.

OPINION

EATON, District Judge.

Motion to Strike Defense relating to Fraud

The Plaintiff. Federal Deposit Insurance Corporation sues as assignee of Five Points Bank on two bonds issued by Defendant Fireman’s Fund Insurance Company. By its third defense, Fireman’s Fund seeks to plead “fraud in the inducement,” stating that it was fraudulently induced by Plaintiff’s assignor to issue the bonds. In its motion to strike, the Plaintiff urges that the averment of fraud contained in the third defense is not pleaded with particularity, as is required by Rule 9(b) Federal Rules of Civil Procedure. The…