Boling v. Fidelity & Casualty Co. of New York

TATE, Judge.

The plaintiff employer was insured by an “employee dishonesty” coverage issued by the defendant. The policy insured losses sustained “through any fraudulent or dishonest act or acts committed by any of the employees” of the plaintiff-insured. The plaintiff seeks recovery of certain sums allegedly embezzled.

The trial court dismissed the suit, holding that the plaintiff had failed to prove that any losses or shortages of funds resulted from employee dishonesty.

In his appeal, the plaintiff-appellant primarily urges that he had established with sufficient certainty that employee…