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Roger, Attorney
Category: Business Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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The business bought business insurance which covers the losses

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The business bought business insurance which covers the losses from employee dishonesty. Now a contractor and a former employee have disappearred without notifying me and they hold the keys and other business material (document of medical patient information). I cannot locate them. If my business asset suffers loss due to this kind of action, can I file claim to insurance company? What should I do besides that?
Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question.

Obviously, whether or not coverage exists depends on what the terms of the policy say. However, if your insurance covers losses from dishonesty, and you can fit their actions into the coverage, then you certainly can file a claim.

Also, you can sue these people for intentionally interfering with your business, trespass to chattles (personal property), illegal use of trade secrets and possibly other claims.

You should consider consulting an attorney in your area about pursuing a claim against these people and also filing with your insurance company.
Customer: replied 3 years ago.

Thanks. Do I have to hire attorney in the claim (of insurance)? Now I cannot find them because they were evicted from their place for no money to pay rent. Their phone is not working (probably has no airtime on the cell phone). If I sue them, they have nothing to pay. I understand their situation (screw up their life).

If I make a claim, will the insurance company raise the premium or I will have hard time to find an insurance in the future?

No, you don't need an attorney to file a claim under your insurance policy. You can make a claim by calling the insurance company.

As for the affect a claim may have, it is not a given that a claim will make your premium increase, and it doesn't mean that it will be harder to get insurance in the future as a result of the claim. USUALLY, an isolated claim or two will cause no issues for you and your insureability.

However, habitual claims can cause the premiums to increase because you'd be considered a greater risk; also, habitual claims could make it harder to be insured. BUT, a claim or two should not cause any harm.
Customer: replied 3 years ago.

I cannot find these guys now. They have no email or phone (answer) and they move frequently. But I have the record of paying them (contractor) and past history of payroll. If I make the claim, will the insurance company find them and may charge them for the loss claim?

The insurance company would have a claim against these people IF they pay you any money. In essence, your claim would be the claim of the insurance company up to the amount that it pays you for the loss.
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