NAT'L UNION FIRE INS. CO. OF PGH. v. RACZKOWSKI

No. 13-2184.

764 F.3d 800 (2014)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Plaintiff-Appellant v. Yvonne RACZKOWSKI, Defendant. Hometown Bank, N.A., Defendant-Appellee. XYZ Corporation, 1-5, Defendant, v. Hometown Bank, N.A., Third Party Plaintiff-Appellee. Mark Leon Henry; Leon Henry; Sheila Henry; Julie Balls; Steve Balls; Investment Centers of America, Inc.; Jack Howerton; Delbert Phipps; Wayne Roffman, Third Party Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: August 13, 2014.


Attorney(s) appearing for the Case

Tyson H. Ketchum , argued, Kansas City, MO ( Megan J. Ochs , on the brief), for appellant.

Victor Felix Weber , argued, Kansas City, MO ( James L. Baker , on the brief), for appellee.

Before MURPHY, COLLOTON, and KELLY, Circuit Judges.


KELLY, Circuit Judge.

This case stems from fraud committed by an investment advisor who opened a doing-business-as ("d/b/a") bank account using the name of his employer when he did not have the employer's authority to do so. The investment advisor used the d/b/a bank account to steal money from his employer's customers. His employer settled with the defrauded customers, and the employer's insurance company paid the settlements. The insurance company then brought this...

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