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I have a small cleaning service, I'm insured and bonded, I…

Second opinion] Hello, Lawyer's...

Second opinion] Hello,

Lawyer's Assistant: Hello. How can I help?

I have a small cleaning service, I'm insured and bonded, I had A customer who accused my company of theft, W

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

Norristown pa. My insurance did a investigation, there was no wrong doing found. However my liability claims that there's nothing they can do. I do h have a bond that covers the claim. My Mistakes was I reported the claim to my insurance company, instead of my bond company, even though they're are the same company. The customer claim against me is for theft, and not having the proper insurance that covers theft. My bond is Surety and Fidelity $5000bond

Lawyer's Assistant: Has anything been officially filed? If so, what?

There's been a police report file, nothing that suggest any wrong doing. We received no phone calls from police, there's been no persecutions, no fines. You were served last week with papers to go to civil court

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Answered in 1 hour by:
3/21/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,685
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this;

The insurance and bonding company will have issued a policy and the terms of the policy will determine what is covered, and under what circumstances.

So for example, some policies may only cover civil cases, others may only cover criminal; and vice versa.

For civil suits, the plaintiff has the burden of proof-by clear and convincing evidence.

For criminal cases, the prosecution has the burden of proof- a higher standard: beyond a reasonable doubt.

If these levels are not met, the case will be dismissed.

If the court determines the motion is frivolous the court can even award defendant attorney fees and costs in civil suits.

Usually testimony by one person is not sufficient because then it is "he said, she said" and that typically does not meet the burden of proof requirement.

legalgems
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Category: Legal
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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