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INSURED-VERSUS-INSURED EXCLUSION IN D&O INSURANCE POLICY BARRED COVERAGE FOR CLAIMS BROUGHT BY FDIC AS RECEIVER OF INSURED AGAINST BANK'S FORMER DIRECTORS AND OFFICERS.
- Published in:
- Banking Law Journal, 2016, v. 133, n. 1, p. 47
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- Article
DISTRICT COURT HOLDS THAT BANKRUPTCY COURT'S JURISDICTION OVER PROPERTY OF AN ESTATE DOES NOT SUPERSEDE JURISDICTION OF THE NATIONAL CREDIT UNION ADMINISTRATION ON DEBTOR'S CLAIMS AGAINST A CREDIT UNION IN RECEIVERSHIP.
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- Banking Law Journal, 2016, v. 133, n. 1, p. 41
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- Article
LENDER COULD NOT BRING CLAIMS FOR COMMON LAW CONVERSION OR CONVERSION UNDER MISSISSIPPI'S UCC AGAINST BANK WHICH ACCEPTED FRAUDULENTLY ENDORSED CHECKS FROM BORROWER.
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- Banking Law Journal, 2016, v. 133, n. 1, p. 46
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- Article
NEVADA SUPREME COURT REVERSES GRANT OF SUMMARY JUDGMENT IN FAVOR OF BANK WHEN MATERIAL ISSUE OF FACT EXISTED OVER WHETHER CUSTOMER UNDER A DUTY TO EXAMINE ACCOUNT FOR UNAUTHORIZED ACTIVITY.
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- Banking Law Journal, 2016, v. 133, n. 1, p. 44
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- Article
COURT OF APPEALS FOR THE EIGHTH CIRCUIT REVERSES AND REMANDS LOWER COURT'S AWARD OF SUMMARY JUDGMENT ON CONVERSION ACTION IN FAVOR OF BANK, REASONING THAT THE BANK WOULD OBTAIN A DOUBLE RECOVERY.
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- Banking Law Journal, 2016, v. 133, n. 1, p. 48
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- Article
STATES DID NOT HAVE STANDING TO CHALLENGE DODDFRANK ACT'S GRANT OF "ORDERLY LIQUIDATION AUTHORITY" TO THE FEDERAL GOVERNMENT.
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- Banking Law Journal, 2016, v. 133, n. 1, p. 40
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- Article
SUPREME COURT OF MISSISSIPPI AFFIRMS PREVIOUS HOLDINGS THAT DISCOVERY RULE DOES NOT TOLL STATUTE OF LIMITATIONS ON ACTION FOR CONVERSION OF A NEGOTIABLE INSTRUMENT.
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- Banking Law Journal, 2016, v. 133, n. 1, p. 43
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- Article
Banking Briefs.
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- Banking Law Journal, 2015, v. 132, n. 4, p. 204
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Banking Briefs.
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- Banking Law Journal, 2015, v. 132, n. 3, p. 147
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Banking Briefs.
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- Banking Law Journal, 2015, v. 132, n. 2, p. 100
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Banking Briefs.
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- Banking Law Journal, 2014, v. 131, n. 8, p. 709
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Banking Briefs.
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- Banking Law Journal, 2014, v. 131, n. 7, p. 636
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Banking Briefs.
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- Banking Law Journal, 2014, v. 131, n. 6, p. 444
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BANKING BRIEFS.
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- Banking Law Journal, 2014, v. 131, n. 5, p. 446
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BANKING BRIEFS.
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- Banking Law Journal, 2014, v. 131, n. 3, p. 263
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- Article
Banking Briefs.
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- Banking Law Journal, 2014, v. 131, n. 1, p. 190
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Defrauded lender could not sustain negligence claim against bank because banks do not owe non-customers a duty of care.
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- Banking Law Journal, 2013, v. 130, n. 10, p. 952
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Court held that settlement agreement between lender and two guarantors was not a novation of the original promissory note that released third guarantor from liability.
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- Banking Law Journal, 2013, v. 130, n. 10, p. 958
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- Article
Eleventh Circuit found that, under Interagency Policy Statement on Income Tax Allocation in a Holding Company Structure, a parent company holds tax refunds attributable to a subsidiary's losses as an agent of the subsidiary.
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- Banking Law Journal, 2013, v. 130, n. 10, p. 956
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Bank's denial of customer's application for letter of credit did not give rise to breach of contract or breach of fiduciary duty claims.
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- Banking Law Journal, 2013, v. 130, n. 10, p. 954
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Under New Jersey law, the economic loss doctrine did not bar bank's negligence claim against credit card information processor.
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- Banking Law Journal, 2013, v. 130, n. 10, p. 959
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Court found that an effective transfer of interest in promissory notes and guaranties allowed transferor to substitute transferee as party plaintiff in lawsuit.
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- Banking Law Journal, 2013, v. 130, n. 10, p. 951
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For purposes of removal under the Edge Act, a suit must have a federally chartered corporation as a party, and must arise out of the offshore banking or financial transaction of that corporation.
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- Banking Law Journal, 2013, v. 130, n. 10, p. 949
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Bankruptcy court found that priority among secured creditors holding notes secured by mortgages is governed by the Uniform Commercial Code.
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- Banking Law Journal, 2013, v. 130, n. 10, p. 954
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Second Circuit affirmed dismissal of claims against several financial institution defendants allegedly associated with al Qaeda for lack of personal jurisdiction.
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- Banking Law Journal, 2013, v. 130, n. 9, p. 862
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State law contract claims against federal loan servicers were preempted under the Home Owners Loan Act and the National Banking Act.
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- Banking Law Journal, 2013, v. 130, n. 9, p. 860
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Nominee of mortgage note holder had authority to initiate foreclosure proceedings as "mortgagee" under Rhode Island law.
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- Banking Law Journal, 2013, v. 130, n. 9, p. 858
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Supreme Court of Massachusetts held that Article 9 of Massachusetts' Uniform Commercial Code displaced the common law as to the measure of a secured creditor's recovery under § 9-405.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 670
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- Article
Filing a motion to intervene does not trigger the FDIC's right to remove a case to federal court under 12 U.S.C. § 1819(b)(2)(B).
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- Banking Law Journal, 2013, v. 130, n. 7, p. 669
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- Article
Creditor's claims for breach of pooling and servicing agreements were not entitled to administrative expense priority because the agreements were not "approved" within the meaning of 12 U.S.C. § 1821(d)(20).
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- Banking Law Journal, 2013, v. 130, n. 7, p. 667
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Secured creditor must strictly comply with the direct notice exception under the Food Security Act of 1985 in order to have its interest protected against subsequent purchasers.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 665
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Funds withheld from loan principal as "deposit against future commitment fee" constituted additional interest to be added to the loan's annual interest rate.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 663
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Court found that an assignee of a mortgage can be held vicariously liable for its servicer's nondisclosures to borrower under Truth-in-Lending Act.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 661
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Plaintiffs' claims premised on assignments of deeds of trust were directly contradicted by lender's submission of documents evidencing no change in ownership of the deeds of trust.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 651
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Owner of mortgage and holder of note endorsed in blank had standing to pursue remedy of foreclosure.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 650
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Federal court of appeals remanded petition for judicial review in order for agencies to reevaluate the definition of "pretrial diversion program" in section 19 of the Federal Deposit Insurance Act.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 656
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Missouri court of appeals found lender's pre-sale notice informing the debtor that his collateral would be sold by "public/private" sale to be insufficient under Missouri's UCC notice requirements.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 654
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Payday loan company was not subject to Electronic Fund Transfer Act's stop payment provisions.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 659
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Bank was not required to restore funds for creditor's benefit absent a showing that corporate debtor would not have directed the bank to use funds for individual debtor's benefit.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 657
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Taxpayer class members failed to state claims against Swiss bank for penalties, interests, and costs that taxpayers had paid to the Internal Revenue Service.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 647
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Court granted FDIC's motion to strike defendants' affirmative defenses because they fell into "discretionary conduct" exception to the Federal Tort Claims Act.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 652
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FIRREA barred mortgagee's claim against mortgagor's successor-in-interest, as claim related back to actions of original mortgagor.
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- Banking Law Journal, 2013, v. 130, n. 7, p. 648
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Banking Briefs.
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- Banking Law Journal, 2013, v. 130, n. 4, p. 379
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Banking Briefs.
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- Banking Law Journal, 2013, v. 130, n. 3, p. 267
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Banking Briefs.
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- Banking Law Journal, 2013, v. 130, n. 2, p. 191
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Banking Briefs.
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- Banking Law Journal, 2013, v. 130, n. 2, p. 188
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Banking Briefs.
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- Banking Law Journal, 2013, v. 130, n. 2, p. 186
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Banking Briefs.
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- Banking Law Journal, 2013, v. 130, n. 2, p. 185
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Banking Briefs.
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- Banking Law Journal, 2013, v. 130, n. 2, p. 183
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Banking Briefs.
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- Banking Law Journal, 2013, v. 130, n. 2, p. 189
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