DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131879P.pdf 06/11/2014 Choice Escrow and Land Title v. BancorpSouth Bank
U.S. Court of Appeals Case No: 13-1879
and No: 13-1931
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Wollman, Author, with Murphy and Gruender, Circuit Judges]
Civil case - Uniform Commercial Code. Under Article 4A of the UCC, where a
bank and customer agree to implement a security procedure designed to
protect themselves against fraud, the customer bears the risk of loss
where the security procedure is commercially reasonable and the bank
proves it accepted the payment order in good faith and in compliance with
the procedures or customer instructions; here, all prongs of this test
were met and the district court did not err in finding Choice bore the
risk of loss; the provision in the parties' agreement regarding
indemnification for attorneys' fees did not conflict with Article 4A and
defendant may seek attorneys' fees from Choice under this provision.