Chestnut Run Federal Credit Union v. Employers Mutual Liability Insurance

OPINION

EDWIN D. STEEL, JR., Senior District Judge:

The case is before the Court on the motion of the third party defendant to dismiss the third party complaint.

Plaintiff alleges that its former treasurer, Kauffman, failed in the performance of his duties, negligently, criminally and otherwise, and as a result plaintiff sustained a property loss for which defendant is liable under the terms of an indemnity bond which defendant issued to plaintiff. Jurisdiction between plaintiff and defendant is based upon diversity of citizenship. The answer which defendant filed alleged lack of knowledge…