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Hudson Heritage Fed. Credit Union v. CUMIS Ins. Soc'y Inc.

Breach Claim Over Loan Frauds Dismissed; Special Relationship With Insurer Alleged

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OPINION AND ORDER

*1 Plaintiff Hudson Heritage Federal Credit Union (“HHFCU”), brings this diversity action for breach of contract, declaratory judgment, and negligence against defendant CUMIS Insurance Society, Inc. d/b/a CUNA Mutual Group (“CUMIS”).Now pending is CUMIS’s motion to dismiss the amended complaint pursuant to Rule 12(b)(6). (Doc. #16).For the reasons set forth below, the motion is GRANTED IN PART and DENIED IN PART.This Court has subject matter jurisdiction pursuant to 28 U.S.C. §1332.BACKGROUNDFor purposes of ruling on a motion to dismiss, the Court accepts all factual allegations of the complaint as true, and draws all reasonable inferences in plaintiff’s favor, as summarized below.HHFCU alleges for over 75 years, it has had “an extensive and comprehensive business relationship” with CUMIS, an insurance company. (Am. Compl.

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