Krank v. Utica Mutual Insurance Co.

MEMORANDUM

LOUIS H. POLLAK, District Judge.

Plaintiff Donald Krank filed this diversity action to recover as the assignee of James L. Smith, the original insured under an errors and omission policy which plaintiff alleges defendant wrongfully “voided.” Plaintiffs cause of action accrued some time in either 1982 or 1983. 1 On March 26, 1986, plaintiff filed a voluntary petition for bankruptcy. Plaintiffs discharge took place on May 4, 1989.

Defendant Utica Mutual Insurance Company has filed a supplemental motion for summary judgment contending that plaintiff does not have standing to bring this…