Employee's Dishonest Acts Over 5 Years Constituted 1 Occurrence, Panel Affirms

TRENTON, N.J. - A New Jersey appeals panel on Oct. 25 affirmed a lower court's finding that an insured's former employee's alleged acts of theft, embezzlement and fraud over a period of five years constituted one occurrence under a businessowners insurance policy and that, therefore, the insured's recoverable loss is capped at $10,000 (North Fullerton Surgery Center v. Franklin Mutual Insurance Co., No. A-5985-11T4, N.J. Super., App. Div.; 2013 N.J. Super. Unpub. LEXIS 2581).

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