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NATIONAL CITY BANK v. COLUMBIAN MUT. LIFE

No. 00-4249.

282 F.3d 407 (2002)

NATIONAL CITY BANK, NORTHWEST, Plaintiff-Appellant, v. COLUMBIAN MUTUAL LIFE INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 27, 2002.

Attorney(s) appearing for the Case

Thomas S. Zaremba (argued and briefed), Roetzel & Andress, Toledo, OH, for Plaintiff-Appellant.

Cary Rodman Cooper (briefed), Thomas J. Tucker (argued and briefed), Cooper & Walinski, Toledo, OH, for Defendants-Appellees.

Before: MERRITT, BOGGS, and MOORE, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

Here Columbian, the defendant insurance company, had a contractual right of recoupment or setoff for unearned premiums advanced to its agent. The agent also gave the plaintiff bank a perfected security interest in its accounts receivable in exchange for a loan. The question before us is whether the insurance company or the bank is first entitled to recoup its losses from new...

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