Mr. and Mrs. Kruser each had an ATM card for their joint account at the Bank of America. Mr. Kruser believed his card had been destroyed. It turned out, however, that someone used it to make an unauthorized withdrawal of $20 from the account in December, which the Krusers did not notice. Perhaps because, that same month, Mrs. Kruser underwent surgery and was hospitalized for 11 days. She then spent six or seven months recuperating at home. Her recovery underwent a nasty setback, however, when she discovered in September that someone had illegally withdrawn $9,020 from the account during July and August. The Bank refused to refund the money. The Krusers sued, but the trial court granted the Bank’s motion for summary judgment. The Krusers appealed. 

Questions:

1. Did the Krusers’ failure to report the unauthorized withdrawal in December prevent them from recovering the much larger amount stolen in July and August?

2. What is the time period within which one has to report an unauthorized electronic transfer?

3. Mrs. Kruser, who was solely responsible for reconciling the bank statements, was severely ill during the time period of the unauthorized transfers. Why didn’t this fact help the Krusers?