Judge Refuses To Dismiss Dispute Arising From Alleged Fraud, Embezzlement Scheme

(November 7, 2016, 3:44 PM EST) -- ROCHESTER, N.Y. — Finding that the resolution of fact-intensive questions regarding when an insured discovered a fraud and embezzlement loss and when it should have reported the loss to its insurer is premature at this stage in the litigation, a New York federal judge on Nov. 3 denied the insurer’s motion to dismiss a breach of contract lawsuit (Acquest Holdings Inc. v. Travelers Casualty and Surety Company of America, No. 16-00212, W.D. N.Y.; 2016 U.S. Dist. LEXIS 153367)....

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