Summary
In Edmunds-Bouvier S. L. Assn. v. New Amsterdam Cas. Co. (1957) 389 Pa. 79, 132 A.2d 181, 183, the Court was willing to allow as a "loss" payable by the surety under a bond contract "the cost of restoring to plaintiff's business records the integrity which (the principal's) manipulations destroyed," but the Court noted that "the loss provision does not comprehend a recovery of every expenditure occasioned by a dishonest act."
Summary of this case from Inhabitants of Town of Alexander v. Maine B. COpinion
April 18, 1957.
May 27, 1957.
Insurance — Fidelity insurance — Terms of policy — Construction — Proof of loss — Sufficiency — Cost of audit to determine amount of loss.
In this action of assumpsit on a fidelity bond which contained a requirement that the insured furnish defendant with "proof of loss with full particulars" and it appeared that the information set forth in the proof of loss constituted all of the information which the plaintiff had at the time with regard to such loss; and the policy also provided indemnification from "Any loss through any dishonest, fraudulent or criminal act of any employee . . . including loss of Property by reason of any such act of any such employee . . ." and it appeared that eight Federal and State examiners spent three and one-half months at a cost of $6,766.95 to check out the manipulations of the dishonest employee, it was Held that (1) the requirement that the insured furnish defendant with "proof of loss with full particulars" required the insured to give the insurer all of the pertinent facts relating to the event that it possessed, but did not require a search for information which the insured did not possess, and (2) the plaintiff was entitled to recover as an item of damage the cost of the State and Federal examinations.
Before JONES, C. J., CHIDSEY, ARNOLD, JONES and COHEN, JJ.
Appeal, No. 210, Jan. T., 1957, from judgment of Court of Common Pleas No. 4 of Philadelphia County, March T., 1954, No. 8248, in case of Edmunds-Bouvier Savings and Loan Association v. New Amsterdam Casualty Company. Judgment affirmed.
Same case in court below: 8 Pa. D. C.2d 229.
Assumpsit. Before FLOOD, J., without a jury.
Adjudication filed finding for plaintiff; exceptions to adjudication dismissed and judgment entered for plaintiff. Defendant appealed.
E. Walter Helm, III, with him Raymond A. White, Jr., for appellant.
A. Walling Levin, for appellee.
Judgment is affirmed on the comprehensive and able opinion of Judge GERALD F. FLOOD, reported in 8 Pa. D. C.2d 229.