OPINION
SWEET, District Judge.
Defendant Chemical Bank, New York Trust Company ("Chemical") has moved pursuant to Rule 56, Fed.R.Civ.P., for summary judgment dismissing the diversity action of plaintiffs Simcoe & Erie General Insurance Company ("Simcoe") and its subrogee, the Guarantee Insurance Company of North America ("Guarantee"). For the reasons set forth below, the motion is granted in part and denied in part.
The Parties
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