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  1. #11
    Join Date
    Oct 2014
    Posts
    7,454

    Default Re: Possible Embezzlement Charge Coming for

    Quote Quoting adjusterjack
    View Post
    It would go to the insurance company, not the employer. If you have the money to pay it, make sure the check is made out to the insurance company.
    No, the OP should not do that unless the insurance company is suing the OP's wife under its right of subrogation. Until then, the legal claim here is by the employer, not the insurance company. It is the employer that suffered the direct loss from the embezzlement, not the insurer. So until the right of subrogation is invoked the OP's wife would pay the employer, and then it is up to the insurance company to get the money it paid back from the employer. I can see why you'd like the payment direct to the insurance company since your career was spent representing them as an adjuster, but paying the insurance company directly before it invokes its right of subrogation exposes the OP's wife to a claim by the employer that might result in paying this twice.

  2. #12
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,957

    Default Re: Possible Embezzlement Charge Coming for

    Quote Quoting Taxing Matters
    View Post
    No, the OP should not do that unless the insurance company is suing the OP's wife under its right of subrogation. Until then, the legal claim here is by the employer, not the insurance company. It is the employer that suffered the direct loss from the embezzlement, not the insurer. So until the right of subrogation is invoked the OP's wife would pay the employer, and then it is up to the insurance company to get the money it paid back from the employer. I can see why you'd like the payment direct to the insurance company since your career was spent representing them as an adjuster, but paying the insurance company directly before it invokes its right of subrogation exposes the OP's wife to a claim by the employer that might result in paying this twice.
    Like button. Agree entirely.

  3. #13
    Join Date
    Oct 2006
    Posts
    15,730

    Default Re: Possible Embezzlement Charge Coming for

    Quote Quoting eerelations
    View Post
    Like button. Agree entirely.
    Ditto

    Quote Quoting JohnAppleseed
    View Post
    It's my understanding now that the insurer may not have been notified, and money not paid to employer.
    Ok, that does make some sense. You stated previously that E&O insurance covered the 27k and Errors and Omissions insurance would not cover an embezzlement by an employee.

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