Posted on 08/29/2012 at 06:42 PM by The Newsroom
In a case with a result similar to the recent Patco case, where a court held that a banks security measures were not commercially reasonable and reversed a lower courts decision to dismiss the claim against the bank involved, a U.S. District Court in Mississippi has dismissed Bancorp Souths countersuit against Choice Escrow and Land Title. Bancorp South claimed the title company, not Bancorp Souths subsidiary bank, was responsible for a $400,000 fraudulent wire transfer. The case is likely to now go to trial. Essentially, the court ruled that UCC 4A, which governs electronic funds transfers, pre-empts contractual indemnification clauses that contradict the spirit of the UCC. The company involved had opted out of the $14 billion banks dual control options, which the bank believed should lead to losses being the responsibility of its customer. This ruling highlights the need to ensure that a financial institutions security procedures are indeed commercially reasonable, because contract language that provides for indemnification and an acknowledgment by a customer that they are reasonable may not be enough to satisfy a court.