Cumis Insurance Society, Inc. v. Girard Bank

OPINION

JOHN MORGAN DAVIS, Senior District Judge.

I. Introduction

This is a diversity action brought by plaintiff insurer, as subrogee, to recover sums allegedly improperly debited from its insured’s checking account by the defendant. Before the-court are cross-motions for summary judgment pursuant to Fed.R. Civ.P. 56. 1 After reviewing the memoranda in regard to the respective motions and holding oral arguments, for the reasons which follow, defendant’s motion for summary judgment will be denied while the plaintiff’s motion for partial summary judgment will be granted.

The following facts are…