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AMERICAN NAT. INS. CO. v. FIDELITY BANK, N. A.

No. 80-2058.

691 F.2d 464 (1982)

AMERICAN NATIONAL INSURANCE COMPANY, Plaintiff-Appellant, v. FIDELITY BANK, N. A., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 15, 1982.

Attorney(s) appearing for the Case

James E. Britton, Oklahoma City, Okl. (Hastie & Kirschner, Oklahoma City, Okl., with him on the briefs), for plaintiff-appellant.

B. J. Rothbaum, Jr., Oklahoma City, Okl. (James A. Kirk and Linn, Helms, Kirk & Burkett, Oklahoma City, Okl., with him on the brief), for defendant-appellee.

Before HOLLOWAY, BREITENSTEIN and LOGAN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this diversity case a Texas insurance company sued an Oklahoma bank for losses incurred through the defalcation of the insurance company's agent. The essence of the claim is that the bank acted improperly by accepting for deposit, in an account of a corporation controlled by the agent, checks bearing unauthorized endorsements. After trial without a jury, the court held that the bank acted in good faith and within reasonable commercial...

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