Legal Opinion

Auto-Owners Insurance Co. v. Bank One

Indiana Supreme Court

Decided February 5, 2008No. 49S04-0701-CV-27PublishedCited by 7 opinions

1Opinion of the Court

SULLIVAN, Justice.

Kenneth B. Wulf stole more than $500,000 from his employer, Auto-Owners Insurance Company, by depositing checks payable to Auto-Owners into a personal account he opened at Bank One in the name of “Auto-Owners, Kenneth B. Wulf.” Auto-Owners contends that Bank One violated § 405 of the Indiana Uniform Commercial Code by not exercising ordinary care when it opened Wulf s account. However, we hold that § 405 applies to opening *1088new accounts only in circumstances not present here.

Background

Kenneth Wulf worked in the Claims Division of Auto-Owners Insurance from May 1988 until he…

2Cases cited3 opinions

  1. Thompson Maple Products, Inc. v. Citizens National BankSuperior Court of Pennsylvania · 1967
  2. Auto-Owners Insurance Co. v. Bank OneIndiana Court of Appeals · 2006
  3. AUTO OWNERS INS. CO. v. Bank OneIndiana Supreme Court · 2007

3Cited by7 opinions

  1. Specialized Loan Servicing, L.L.C. v. JanuarySupreme Court of Louisiana · 2013
  2. Farmers Elevator Co. of Oakville, Inc. v. HamiltonIndiana Court of Appeals · 2010
  3. EngineAir, Inc. and JMA Rail Products, Inc. v. Centra Credit UnionIndiana Court of Appeals · 2018
  4. Advance Dental Care, Inc. v. Suntrust BankDistrict Court, D. Maryland · 2012
  5. Auto-Owners Insurance Co. v. Bank OneIndiana Supreme Court · 2008

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