First American v. Apex Title

After having to make several payoffs that should have been made through an attorney’s escrow account, a national title insurer sued the attorney, his family and their other businesses. However, the underwriter also sued the bank where the attorney held his escrow accounts. The attorney filed a counterclaim against the bank as well, arguing that the bank should have notified him directly and returned insufficient checks rather than allowing the account to go into overdraft.