Legal Opinion

Commercial Banking Corp. v. Indemnity Ins. Co. of North America

District Court, E.D. Pennsylvania

Decided September 3, 1940No. 673PublishedCited by 1 opinion

1Opinion of the Court

BARD, District Judge.

This is a motion by the plaintiff for severance of the trial of the issues in the instant case in accordance with Rule 42(b) of the Rules of Civil Procedure, 28 U.S. C.A. following section 723c.

The action originally was brought by the Commercial Banking Corporation against the Indemnity Insurance Company of North America seeking recovery on a fidelity suretyship bond issued by the latter and indemnifying the plaintiff against any direct loss sustained “Through any dishonest act, wherever committed, of any of the Employes”. The complaint enumerates various sums allegedly…

2Cases cited3 opinions

  1. World Exchange Bank v. Commercial Casualty InsuranceNew York Court of Appeals · 1930
  2. Erie Trust Co. Bank v. Employers' Liability Assurance Corp. of London, Ltd.Supreme Court of Pennsylvania · 1936
  3. Miners Savings Bank v. Royal Indemnity Co.Supreme Court of Pennsylvania · 1939

3Cited by1 opinion

  1. Arnold D. Berkeley v. Home Insurance CompanyCourt of Appeals for the D.C. Circuit · 1995

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