FEDERALDistrict Court, D. Kansas
1991

First Federal Savings Bank v. Continental Casualty Co.

768 F. Supp. 1449District Court, D. Kansas • Decided 1991Remanded

HOLDING

A bank claimed a fidelity bond covered losses from forged lien waivers on checks. The court ruled that the bond's forgery provision does cover losses from forged lien waivers printed on or attached to checks, but does not cover losses from counterfeit construction documents that don't directly affect the checks themselves. The case was sent back to the lower court to determine the specific facts about what documents were actually forged.

KEY FINDINGS

Lien Waiver

Fidelity bonds protect against forged lien waivers when they appear on or with checks, but this protection is limited to the checks themselves

Lien Rights

Counterfeit construction documents (like fake AIA forms or invoices) are generally not covered by standard forgery provisions unless they directly alter the check

FULL COURT OPINION