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TODAY'S TOP DEVELOPMENTS Thursday October 2, 2014

Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.


Excess Insurer Could Maintain Subrogation Action against Primary Insurer Even in Absence of Excess Judgment, Fifth Circuit Decides
The U.S. Court of Appeals for the Fifth Circuit, reversing a decision by the U.S. District Court for the Eastern District of Louisiana, has ruled that an excess insurer could maintain its subrogation action against the primary insurer based on the primary insurer's alleged bad faith failure to defend properly the common insured even in the absence of an excess judgment, where the excess insurer alleged that the primary insurer's bad faith failure to defend exposed the insured to excess liability and caused the excess settlement. Read More

Case Study

After the Insurance Proceeds Are Paid — A Cautionary Tale
An appellate court in New Jersey, affirming a trial court's decision, has ruled that a bank was not liable for insurance proceeds allegedly deposited into an insurance agent's account and misapplied to the detriment of the insured homeowner, finding that the proceeds had reached the intended person. The homeowner was injured, the appellate court stated, as a result of "her entrusting the funds to [the agent] and not the result of the manner in which they were transmitted by [the bank]." Read More

Employee Benefits
Corporate Officer Working Full Time without Pay for His Company Was Ineligible for Unemployment Insurance Benefits, Montana Supreme Court Rules
The Montana Supreme Court, reversing a lower court's decision, has ruled that a corporate officer working full time without pay for his own corporation was engaged in employment under Montana's unemployment insurance law, was required to report his hours of work when seeking unemployment benefits, and was ineligible for benefits. Read More

Automobile Insurance
N.Y. District Court Permits No-Fault Claims Adjusters to Pursue Overtime Claims against Allstate
A federal district court in New York has decided that a class and collective action brought by an insurance company's no-fault claims adjusters against the insurer may proceed. Read More

View All Case Law Developments

In the States

Connecticut Insurance Department Expands Public Access to Insurance Company Documents
The Connecticut Insurance Department has launched an online site that, it said, would provide more convenient access to the rate and form documents that insurance companies file with the department. Read More

Insurance Fraud

Phoenix Woman's Facebook Photo Leads to Insurance Fraud Charges
A Phoenix woman who was paid $26,500 by Travelers Insurance Company after she claimed she lost her wedding rings while swimming in the Pacific Ocean has pleaded guilty to two counts of insurance fraud. The Arizona Department of Insurance said that the fraud was uncovered, in part, by a Facebook photo showing her still wearing the distinctive rings after they supposedly had been lost. Read More

View All Legislative/Regulatory Developments
HCC Insurance Holdings Enters Crop Insurance Business with Acquisition of Producers Ag Insurance Group Read More

Jed Rhoads to Lead Global Reinsurance Division at Markel 
Read More

Starr Companies Hires Rashmi Nehra as Practice Leader for Political Risk 
Read More

Aflac Promotes Teresa L. White to President of Aflac U.S.; Expands Management Responsibilities of Deputy CFO Kenneth S. Janke 
Read More

David Edward Returns to XL Group as Underwriting Development Advisor to Global Specialty Read More

View All Industry News
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
FC&S Legal Editorial Advisory Board
Mitchell J. Auslander, Willkie Farr & Gallagher LLP
Carrie Cope, Schuyler, Roche & Crisham, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Chadbourne & Parke LLP
Michele L. Jacobson, Stroock & Stroock & Lavan LLP
Timothy P. Law, Reed Smith LLP
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill & Olick, P.C.
D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Rivkin Radler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres &
Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company

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