The Eighth Circuit has affirmed that an AIG affiliate must cover the full $32 million loss stemming from an employee’s embezzlement scheme. The court found that not only was National Union Fire Insurance Company of Pittsburgh (“National Union”) liable for the $3 million the employee actually stole, but that the plain language of the commercial crime policy also required coverage for the $29 million in excess costs her scheme caused Cargill to endure.
Minnesota
Federal Court Says Wrongdoer’s False Statement In Application Does Not Permit Carrier To Rescind Financial Institution Bond And Avoid $3 Million Loss
By Grayson L. Linyard on
Posted in Duty to Defend, Property
In a March 17, 2017 opinion, a Minnesota federal court rejected a financial institution bond carrier’s attempt to rescind the bond it issued to a credit union despite the credit union’s manager making a false statement in the bond application that she had no knowledge of any act which might give rise to a claim, after she had embezzled $3 million. See National Credit Union Administration Board v. CUMIS Insurance Society, Inc., No. 16-139, 2017 WL 1047256 (D. Minn. Mar. 17, 2017). The court refused to attribute the embezzler’s misrepresentation to her employer because, in embezzling the credit union’s money, she was working solely for her own benefit.
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