National Accident Insurance Underwriters, Inc. v. Citibank, F.S.B.

MEMORANDUM ORDER

BOBRICK, United States Magistrate Judge.

Before the court is the motion of plaintiff National Accident Insurance Underwriters, Inc. to strike the affirmative defenses and dismiss the counterclaim of defendant Citibank, F.S.B.

This is the third motion to challenge the pleadings in this case, so we will only briefly review those pleadings. Plaintiffs employee, Robert Carter, intercepted certain insurance premium checks that plaintiffs customers had made payable to plaintiff. He was not involved in any facet of plaintiffs business that gave him authority to endorse or negotiate the…