Tesoro Ref. & Mktg. Co. v. National Union Fire Ins., No. 15-50405 (5th Cir. 2016)
Annotate this CaseTesoro filed suit against National Union, seeking insurance coverage under a commercial crime policy for alleged acts of forgery committed by a Tesoro employee. The district court granted summary judgment for National Union because the policy did not cover Tesoro’s losses.The court concluded that Texas caselaw addressing theft by deception makes clear that the decision-maker must be aware of the false statement and induced by it. In this case, Tesoro has failed to connect any of the evidence of the employee mentioning these forged security documents to Tesoro’s decision-making process in selling fuel to Enmex, let alone show that the forged documents induced the sale. Therefore, even if the court were to accept Tesoro’s meaning of “unlawful taking,” Tesoro cannot survive summary judgment because it has failed to show a genuine dispute of material fact as to whether a theft by deception occurred. Accordingly, the court affirmed the judgment.
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