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Bank Gets Off The Hook For Unauthorized Wires, Based On Waiver Of Negligence And Displacement

LexisNexis (June 11, 2018, 1:21 PM EDT) -- In a recent decision from Delaware, a bank's business customer suffered a big loss when a dishonest employee embezzled funds by initiating unauthorized outgoing wires pursuant to the bank's security procedure. The unhappy customer sued its bank for negligence in failing to investigate and monitor the deposit account.  The Delaware court allowed the bank to get off the hook on a motion to dismiss,  based on displacement of the common-law tort claim by the rules of the UCC. The decision is short and sweet. Virtually every...
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