Fleitas v. Union Chelsea National Bank

SCHWARTZ, Chief Judge.

The Florida Insurance Guarantee Association issued a check drawn on a Florida NationsBank account payable to the Fleitases and their agent for Hurricane Andrew damages to their home. The Fleitases never saw the money, however, because the check was deposited in the Union Chelsea National Bank, a New York institution, by someone who absconded with the funds. In this action on the cheek by the Fleitases against both banks, see Larkin General Hosp., Ltd. v. Bank of Florida, 464 So.2d 635 (Fla. 3d DCA 1985); Florida Bar v. Allstate Ins. Co., 391 So.2d 238 (Fla. 3d DCA 1980),…