United States Sixth Circuit

Where defendant insurance company had a contractual right of recoupment or setoff for unearned premiums advanced to its agent, and the agent also gave the plaintiff bank a perfected security interest in its accounts receivable in exchange for a loan, the bank is first entitled to recoup its losses from new insurance commissions collected by the insurance company.

Appellate Information

• Decided 02/27/2002
• Published 02/27/2002

Judges

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

Court

• United States Sixth Circuit

Counsel

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


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