What if the business filed a claim with their insurer for loss due to embezzlement/theft? But they are also pursuing the matter in civil court?
The one who is most concerned about this is the insurance company, which has its own ways of making sure that there is no double collection. If a business is compensated by the insurance company, and then gets something because of a settlement or judgment, then the insurance company will probably has the right to be repaid, up to the amount that it paid -- but that doesn't prevent the business from seeking reimbursement from the person who stole the money, as there is probably a large deductible, and a maximum amount to be paid for employee theft.
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The Insurer may have a claim under the policy to recoup amounts paid to an insured under a theory of subrogation. The language of the policy would dictate the rights of the parties.
The information presented here is general in nature and is not intended, to be construed as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Businesses can make insurance claims while pursuing civil court claims. Should the business collect on both, it may have to reimburse the insurance carrier if required by the policy.
If you are the defendant, you can determine the plaintiff's policy limits by serving Judicial Council Form Interrogatories and by checking Form Interrogatory No. 4 which requests insurance information.