Heritage Bank of Commerce v. Zurich American Insurance Company, a New York corporation
Opinion
trial_court Opinion
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9
HERITAGE BANK OF COMMERCE,
10 Case No. 21-cv-10086-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO 12 DISMISS FIRST AMENDED
ZURICH AMERICAN INSURANCE COMPLAINT
13 COMPANY,
14 Defendant.
15 I. INTRODUCTION 16 On August 17, 2022, Plaintiff Heritage Bank of Commerce’s (“Heritage”) initial complaint 17 was dismissed. Though Heritage was given leave to amend, we observed that “it is unclear how 18 Heritage could salvage its claims.” Indeed, Heritage’s Amended Complaint fails to overcome the 19 flaws identified—and for the reasons stated below, Defendant Zurich American Insurance 20 Company’s (“Zurich”) motion to dismiss is granted. 21 II. BACKGROUND 22 As laid out in greater detail in the prior dismissal order, Heritage purchased excess 23 insurance policies from Zurich that served as its first and sixth layer excess policies. These 24 policies followed a primary…