C.S. McCrossan Inc. v. Federal Insurance Co., No. 18-1949 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment for the insurance company in an action brought by McCrossan, alleging breach of the crime insurance policy after the company denied coverage under the "Forgery" and "Employee Theft" insuring clauses. The court held that the district court properly granted summary judgment to the Company on McCrossan's claims for Stewart's loss, because Stewart did not meet the policy's definition of "subsidiary," and was not an insured. The court also held that the district court properly granted the Company summary judgment on McCrossan's claims for Blakely's loss, because the acts of Blakely's employee, as an unauthorized representative of Blakely, were not covered by the plain and ordinary meaning of the insurance policy.
Court Description: Benton, Author, with Gruender and Grasz, Circuit Judges] Civil case - Insurance. Under the facts presented, Stewart Properties was not a covered insured as it was not owned or controlled by plaintiff, the insured; fraud by Blakely's employee was not covered because she was an authorized representative of Blakely and thus excluded from coverage under the forgery provisions of the policy.
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