CHICAGO TITLE INS. CO. v. ALLFIRST BANK

No. 80, September Term, 2005.

905 A.2d 366 (2006)

394 Md. 270

CHICAGO TITLE INSURANCE COMPANY, et al. v. ALLFIRST BANK, et al.

Court of Appeals of Maryland.

August 4, 2006.


Attorney(s) appearing for the Case

Wayne T. Kosmerl (Michael S. Steadman, Jr., of Council, Baradel, Kosmerl & Nolan, P.A., Annapolis, MD) on brief, for Petitioners/Cross-Respondents.

Dennis P. McGlone (Brian L. Moffet of Gordon, Feinblatt, Rothman, Hoffberger & Hollander, L.L.C., Baltimore, MD, C. Edward Hartman, III, of Hartman and Egeli, L.L.P., Annapolis, MD), on brief, for Respondents/Cross-Petitioners.

C. Dawn Causey, Esq., Gregory F. Taylor, Esq., American Bankers Association, Washington, D.C., for amici curiae Brief of the American Bankers Association and Maryland Bankers Association as amici curiae in Support of Cross-Appeal of Famers Bank of Maryland.

Argued before BELL, C.J., and WILNER, CATHELL, HARRELL, BATTAGLIA, GREENE and JOHN C. ELDRIDGE (Retired, Specially Assigned), JJ.


GREENE, J.

In this case we must decide an issue of first impression, whether a depositary bank is liable in negligence to a non-customer drawer of a check. The parties and their respective roles, in this declaratory judgment action, are complex and will be detailed infra. For now, we note that the instant case originated with the refinancing of Mark A. Shannahan's home in 1997. Petitioner, First Equity, an agent for petitioner, Chicago Title Insurance Company...

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