Daniel Grocer Co. v. New Amsterdam Cas. Co.

3 Citing cases

  1. Central National Life Insurance v. Fidelity & Deposit Co.

    626 F.2d 537 (7th Cir. 1980)   Cited 53 times
    Reversing grant of summary judgment in favor of fidelity insurer because the issue of when the loss resulting from dishonest or fraudulent acts was discovered constituted a "disputed issue" for the trier of fact

    The act was a wrongful one, very likely a technical conversion, certainly a departure from instructions, but in the common speech of men there would be reluctance to describe it as flagitious or dishonest. The definition of "dishonest" as stated in Home Indemnity Company, supra, was followed by a later Illinois case in Daniel Grocer Co. v. New Amsterdam Casualty Co., 133 Ill.App.2d 488, 266 N.E.2d 365 (1971). In Irvin Jacobs Co. v. Fidelity Deposit Co. of Maryland, 202 F.2d 794 (7th Cir. 1953), cited with approval by the Illinois court in Home Indemnity Company, supra, the court had this comment:

  2. Reedy Industries, Inc. v. Hartford Insurance Co.

    306 Ill. App. 3d 989 (Ill. App. Ct. 1999)   Cited 17 times
    Finding that, in order to withstand an insurer's motion for summary judgment, the insured must "come forward with some evidence that its claim falls within the terms of the policy."

    This type of exclusion has been a part of many fidelity policies for over four decades. See Daniel Grocer Co. v. New Amsterdam Casualty Co., 133 Ill. App.2d 488, 490, 266 N.E.2d 365 (1971) (where fidelity bond executed in 1958 contained similar exclusion); York Lumber Co. v. Fidelity Deposit Co. of Maryland, 331 F. Supp. 1131, 1132 (E.D. Penn. 1971) (where court noted that profit and loss computation exclusion was first adopted in 1957). The exclusion was designed to curb abuses by employers insured against employee dishonesty where covered losses were claimed on the basis of mere estimates, but where the losses might actually be the result of bookkeeping errors, waste, or negligence.

  3. J.R. Norton Co. v. Fireman's Fund Ins. Co.

    569 P.2d 857 (Ariz. Ct. App. 1977)   Cited 2 times

    Finally, we are referred to one case which presents a fairly close analogy to this case. In Daniel Grocer Co. v. New Amsterdam Casualty Co., 133 Ill. App.2d 488, 266 N.E.2d 365 (1971), plaintiff sued under a blanket bond claiming losses as a result of dishonest and fraudulent acts of the manager of one of his branch stores. The manager's duties included depositing store receipts in a local bank and making written weekly reports to his employer.