Paramount Paper Products Company v. Aetna

This is an action on a blanket crime policy issued by defendant to plaintiff. As a part of the insuring agreement, the policy
provides coverage as follows: "EMPLOYEE DISHONESTY COVERAGE. 1. Loss of Money, Securities and other property which the Insured
shall sustain through any fraudulent or dishonest act or acts committed by any of the Employees, acting alone or in collusion
with others." It also contains the following exclusion clause referred to as Section 2. "This Policy does not apply: * * *
(b) to loss, or to that part of any loss, as the case may be, the proof of which, either as to its factual existence or as
to its amount, is dependent upon an inventory computation or a profit and loss computation; provided, however, that this paragraph
shall not apply to loss of Money, Securities or other property which the Insured can prove, through evidence wholly apart
from such computations, is sustained by the Insured through any fraudulent or dishonest act or acts committed by any one or
more of the Employees; * * *." At the Conclusion of plaintiff's evidence, the trial court sustained defendant's motion to dismiss and plaintiff appeals.