Cincinnati Insurance v. Diebold, Inc.

Fain, Judge.

This is an appeal from a judgment in the amount of $18,800 recovered by plaintiff-appellee Cincinnati Insurance Company (“CIC”) against defendant-appellant Diebold, Inc., together with an award of attorney fees in the amount of $5,005. Diebold contends that its employee, Kelly Moore, was not acting within the course and scope of his employment when he stole $18,800 in money contained in one safe-deposit box while “drilling” (changing the locks on) nine safe-deposit boxes pursuant to a contract between his employer and CIC’s subrogor, Farmer’s Banking Company, N.A. (“Farmer’s…