Simcoe & Erie General Insurance v. 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

Simcoe is a Canadian corporation with its principal office in Hamilton, Ontario, Canada. Simcoe is a customer of Chemical.

Guarantee is a Canadian corporation with its…