A.B.S. CLOTHING COLLECTION, INC. v. HOME INS.

Docket No. B077598.

34 Cal.App.4th 1470 (1995)

41 Cal. Rptr.2d 166

A.B.S. CLOTHING COLLECTION, INC., Plaintiff and Appellant, v. HOME INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Seven.

May 19, 1995.


Attorney(s) appearing for the Case

COUNSEL

Revere, Rykoff & Wallace, Frank Revere, Timna Horowitz and Janette S. Bodenstein for Plaintiff and Appellant.

David T. DiBiase and Gary J. Valeriano for Defendant and Respondent.


OPINION

JOHNSON, J.

INTRODUCTION

This breach of contract action by a policyholder against its insurance company raises the following question. When an employee embezzles funds from an employer over a period of years during which the employer carries insurance against employee dishonesty from the same insurer, may the employer recover up to the insurer's limit of liability for each year in which the embezzlement...

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