First National Bank v. United States Fidelity & Guaranty Co.

MEMORANDUM DECISION

CARSWELL, Chief Judge.

This case is before the Court on defendant’s motion to dismiss. It is basic that in consideration of a motion to dismiss, the Court must accept as true the facts as alleged in the complaint. Without determining the ultimate adequacy of plaintiff’s proofs, the Court looks to the face of the complaint and the terms of the attached insurance policy in determining whether a cause of action exists.1

The Court concludes that a cause of action does exist and that defendant’s motion to dismiss the complaint should be denied.

This case involves an alleged loss of…