Legal Opinion
Bay Area Bank v. Fidelity & Deposit Co. of Maryland
District Court, N.D. California
Decided March 10, 1986No. C-84-1642-WWSPublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OF OPINION AND ORDER
SCHWARZER, District Judge.
This is an action to recover under a Bankers Blanket Bond for losses sustained by plaintiff bank when credit card sales drafts proved to be uncollectible. Defendant contends that recovery is barred by the policy rider that excludes losses resulting from withdrawals from a depositor’s account which has been credited with uncollected items.
FACTS
Kevin Flynn entered into a Bank Card Merchant Agreement with plaintiff Bay Area Bank (“the Bank”). Under the agreement, Flynn was authorized to honor certain credit cards and transmit the sales…
2Cases cited11 opinions
- State Farm Mutual Automobile Insurance v. PartridgeCalifornia Supreme Court · 1973
- St. Paul Fire & Marine Insurance v. CossCalifornia Court of Appeal · 1978
- Holz Rubber Co., Inc. v. American Star Ins. Co.California Supreme Court · 1975
- Safeco Insurance v. GilstrapCalifornia Court of Appeal · 1983
- United Services Automobile Assn. v. WarnerCalifornia Court of Appeal · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Howell Hydrocarbons, Inc. v. John AdamsCourt of Appeals for the Fifth Circuit · 1990
- Broadway National Bank v. Progressive Casualty InsuranceDistrict Court, S.D. New York · 1991
- Allen v. R & H Oil & Gas Co.Court of Appeals for the Fifth Circuit · 1995
- Mitsui Manufacturers Bank v. Federal Insurance CompanyCourt of Appeals for the Ninth Circuit · 1986
- First United Bank v. Philmont Corp.Mississippi Supreme Court · 1988
2 more not listed; retrieve them via the Exa API.