CULINARY INST. OF AM. v. AETNA CAS. & SUR. CO.


151 A.D.2d 638 (1989)

Culinary Institute of America, Appellant, v. Aetna Casualty & Surety Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 19, 1989


Ordered that the order and judgment is affirmed, with costs.

The defendant issued a "Comprehensive Dishonesty Disappearance and Destruction Policy" to the plaintiff effective July 29, 1982. Thereafter, the plaintiff discovered an employee defalcation scheme which involved six of its employees. Section 8 of the policy at issue provides, in pertinent part: "No action shall lie against the Company * * * unless commenced within two years from the date when the insured...

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