Heritage Bank of Commerce v. Zurich American Insurance Company, a New York corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

HERITAGE BANK OF COMMERCE,

Case No. 21-cv-10086-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO DISMISS FIRST AMENDED

ZURICH AMERICAN INSURANCE COMPLAINT

COMPANY,

Defendant.

I. INTRODUCTION On August 17, 2022, Plaintiff Heritage Bank of Commerce’s (“Heritage”) initial complaint was dismissed. Though Heritage was given leave to amend, we observed that “it is unclear how Heritage could salvage its claims.” Indeed, Heritage’s Amended Complaint fails to overcome the flaws identified—and for the reasons stated below, Defendant Zurich American Insurance Company’s (“Zurich”) motion to dismiss is granted. II. BACKGROUND As laid out in greater detail in the prior dismissal order, Heritage purchased excess insurance policies from Zurich that served as its first and sixth layer excess policies. These policies followed a primary…