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HANOVER INS. CO. v. M & T BANK

Case No. 1:11cv11.

783 F.Supp.2d 809 (2011)

HANOVER INSURANCE COMPANY, Plaintiff, v. M & T BANK, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

May 5, 2011.

Attorney(s) appearing for the Case

Dawn Cheryl Stewart , Stewart & Henry PLLC, Fairfax, VA, for Plaintiff.

Jeffrey Martin Schwaber , Timothy Brooks Hyland , Stein Sperling Bennett De Jong Driscoll & Greenfeig PC, Rockville, MD, for Defendants.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue in this diversity action is whether plaintiff surety's breach of contract claim against defendant bank is barred by Va.Code § 8.4-406(f) because the surety failed to notify the bank of improper withdrawals from a guardianship account within one year. For the reasons that follow, a surety with limited signatory authority over a guardianship account is not a "customer" within the meaning...

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