West Virginia Code § 46-4A-305

Liability for late or improper execution or failure to execute payment
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order.
(a) If a funds transfer is completed but execution of a payment order by the receiving bank in
breach of section three hundred two of this article results in delay in payment to the
beneficiary, the bank is obliged to pay interest to either the originator or the beneficiary of
the funds transfer for the period of delay caused by the improper execution.e Except as
provided in subsection (c) of this section, additional damages are not recoverable.
(b) If execution of a payment order by a receiving bank in breach of section three hundred
two of this article results in (1) noncompletion of the funds transufer, (2) failure to use an
intermediary bank designated by the originator or (3) issuance of a payment order that does
not comply with the terms of the payment order of the origintator, the bank is liable to the
originator for its expenses in the funds transfer and for incidental expenses and interest
losses, to the extent not covered by subsection (a) of this section resulting from the improper
execution. Except as provided in subsection (c) of this section, additional damages are not
recoverable.
(c) In addition to the amounts payable under subsections (a) and (b) of this section, damages,
including consequential damages, are recoverable to the extent provided in an express
written agreement of the receiving bgank.
(d) If a receiving bank fails to execute a payment order it was obliged by express agreement
to execute, the receiving bank is liable to the sender for its expenses in the transaction and
for incidental expenses and interest losses resulting from the failure to execute. Additional
damages, including consequential damages, are recoverable to the extent provided in an
express written agreement of the receiving bank, but are not otherwise recoverable.
(e) Reasonable attorney's fees are recoverable if demand for compensation under subsection
(a) or (b) of this section is made and refused before an action is brought on the claim. If a
claiWm is made for breach of an agreement under subsection (d) of this section and the
agreement does not provide for damages, reasonable attorney's fees are recoverable if
demand for compensation under subsection (d) of this section is made and refused before an
action is brought on the claim.
(f) Except as stated in this section, the liability of a receiving bank under subsections (a) and
(b) of this section may not be varied by agreement.
Part Iv. Payment.

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