Legal Question in Insurance Law in California
Am I in trouble?
My bookkeeper stole from me and I pressed criminal charges. The court and attorneys determined that she only took about 1/2 of what I feel she took and ordered her to pay me 1/2 of what they felt she took from me- which she did. I filed an insurance claim for the amount I felt she took. My insurance co paid me the claim plus my ex employee paid me-which I did not report to the insurance company. So in the eyes of the court I received a lot more than they thought. Now my insurance co is going after my ex employee for the full amount. Which is far more than was decided on - could I now be in trouble for insurance fraud?
3 Answers from Attorneys
Re: Am I in trouble?
The language depends upon the sequence of events and what your policy says.
Typo in prior answer
My earlier response should have said "The answer depends upon the sequence of events and what your policy says." I apologize for any confusion the original language may have caused.
Re: Am I in trouble?
Maybe. If you took the money before you filed the insurance claim, you have filed a fraudulent claim. If you received the money after you filed the claim, you are holding on to the insurance company's money. You should pay them what you received immediately.
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