Aetna Casualty & Surety Company v. Windsor

GALLAGHER, Associate Judge.

This is an appeal from the dismissal of an action instituted by appellant Aetna Casualty & Surety Company (Aetna) against appellee Windsor under the subro-gation doctrine. Aetna sued to recover the amount of a payment made to its policyholder, Great Atlantic & Pacific Tea Company (A & P) in accordance with a commercial fidelity insurance policy under which Aetna agreed to indemnify A & P for losses sustained as a result of false or dishonest acts of its employees. The loss to A & P arose when its employee Windsor robbed several A & P stores on or before December 1,…