Hamilton Bank, N.A. v. Kookmin Bank

I respectfully dissent from so much of the majority’s decision as affirms the granting of summary judgment dismissing the claim of plaintiff Hamilton Bank, N.A. (“Hamilton”), for a declaratory judgment that defendant Kookmin Bank (“Kook-min”) is not entitled to collect on the letter of credit dishonored by Hamilton. I am not persuaded, on the present record, taken in the light most favorable to Hamilton as the party opposing summary judgment, that that claim may be resolved as a matter of law.

I am in agreement with the majority that in initially rejecting the letter of credit, Hamilton failed…