Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Stacy and Michael Russell are residents in Harrah, Oklahoma, who live in a trailer. Oklahoma Farm Bureau Mutual Insurance Company was the insurer on the

  1. Stacy and Michael Russell are residents in Harrah, Oklahoma, who live in a trailer. Oklahoma Farm Bureau Mutual Insurance Company was the insurer on the home. Within the Russells’ policy, a section on loss stated that Farm Bureau “will pay you unless another payee is named on the Declarations Page,” that “Loss shall be payable to any mortgagee named in the Declarations,” and that one of Farm Bureau’s responsibilities was to “protect the mortgagee’s interests in the insured building.” On the Declarations page of the document, Conseco Finance, which held a financial interest in the Russells’ home, was named as one of the “payees.” A fire completely charred the mobile home in late 2002. A $69,000 settlement amount was agreed on between Russell and Farm Bureau after an insurance claim was made. 

  2. Conseco was not aware of the fire, nor did it know that a check had been made out to both Conesco and the Russells together to cover damages incurred in the fire. The Russells’ deposited the check into their account, with both of their signatures and a stamp from Conseco Finance, which is believed to have been forged, at the Bank of Oklahoma (BOK). The Bank of Nichols Hills (BNH) was the banking provider for the insurance company. About a year later, Conesco learned of the fire and contacted Farm Bureau about being owed more than $50,000, which was paid in full. BNH was notified of the forgery and reimbursed the insurance company for the $50,000. BNH then proceeded to sue BOK, claiming that carelessness was the reason the forgery occurred. 
  3. Required
Who do you believe is at fault here on the basis of the information presented in the chapter? [Bank of Nichols Hills v. Bank of Oklahoma, 196 P.3d 984 (Okla. Civ. App. 2008).

Step by Step Solution

3.53 Rating (167 Votes )

There are 3 Steps involved in it

Step: 1

Stacy and Michael Russell are at fault in this case ... blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Business Law The Ethical Global and E-Commerce Environment

Authors: Jane Mallor, James Barnes, Thomas Bowers, Arlen Langvardt

15th edition

978-0073524986, 73524980, 978-0071317658

More Books

Students also viewed these Accounting questions

Question

Complete the following acid-base reactions: (a) HCCH + NaH

Answered: 1 week ago

Question

Show that [see (8. 39)]. av. var () 1 TIZ t-1 Exa

Answered: 1 week ago