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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.  CASE LAW Subrogation 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    LEGISLATIVE/REGULATORY 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      INDUSTRY NEWS 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   Discussion Business Auto Form - Liability Coverage Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire October/November Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@SummitProNets.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@SummitProNets.com 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 FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@SummitProNets.com. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. 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