Aetna Casualty & Surety Co. v. William M. Mercer, Inc.

MEMORANDUM OPINION AND ORDER

SHADUR, Senior District Judge.

Aetna Casualty and Surety Company (“Aetna”) brought this diversity-of-citizenship action as subrogee of and assignee from Local 705 International Brotherhood of Teamsters Health and Welfare Fund (“Fund”) and Fund’s former trustees (“Trustees”), seeking to recover from William M. Mercer, Inc. (“Mercer”) payments that Aetna had made pursuant to a Fiduciary Responsibility Insurance Policy (“Policy”) that it had issued to Fund. To that end Aetna’s Amended Complaint (“AC”) asserts three state law claims: one sounding in negligence (Count…