Raval, Inc. v. Maryland Casualty Co.

89 P.R. 835
CourtSupreme Court of Puerto Rico
DecidedJanuary 29, 1964
DocketNo. 585
StatusPublished

This text of 89 P.R. 835 (Raval, Inc. v. Maryland Casualty Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raval, Inc. v. Maryland Casualty Co., 89 P.R. 835 (prsupreme 1964).

Opinion

Mr. Justice Blanco Lugo

delivered the opinion of the Court.

The bond issued by Maryland Casualty Co. in favor of Raval, Inc., appellant herein, reads: “. . . agrees to indemnify RAVAL, INC. of BAYAMON, PUERTO RICO, hereinafter called Insured, against any loss of money or other property, real or personal (including that part of any inventory shortage which the Insured shall conclusively prove has been caused by the fraud or dishonesty of any Employee or Employees) belonging to the . Insured, or in which the Insured has a pecuniary interest, or for which the Insured, is legally liable, or held by the Insured in any capacity whether the Insured is legally liable therefor , or not, which the Insured shall sustain and discover as provided in Section 2, the amount of indemnity on each of such Employees ' being TEN THOUSAND Dollars (10,000.00) through any fraudulent or dishonest act or acts committed by any one or more of the Employees as defined in Section 3, acting alone or in collusion with others, during the term of this bond- as defined in Section l.”1 The essential question [838]*838involved in this appeal is the determination of the scope and content in Puerto Rico of the concept of dishonesty in “fidelity insurance.”2

I

Three cardinal rules serve as a preface to the exploration we-attempt: (1) in order that the act may be characterized as dishonest, it need not involve conduct punishable under the penal statutes; it need not partake of a criminal nature, Fidelity & Deposit Co. of Maryland v. Bates, 76 F.2d 160 (8th Cir. 1935); London & Lancashire I. Co. v. People’s Nat. Bank & Trust Co., 59 F.2d 149 (7th Cir. 1932); Citizens’ Trust & G. Co. v. Globe & Rutgers Fire Ins. Co., 229 Fed. 326 (4th Cir. 1915); United States F. & G. Co. v. Egg Shippers S. & F. Co., 148 Fed. 353 (8th Cir. 1906.); (2) conduct may be dishonest even though the doer of the act does not personally profit by his action, Mortgage Corp. of N.J. v. Aetna Casualty & Surety Co., 115 A.2d 43 (N.J. 1955); Irvin Jacobs & Co. v. Fidelity & Deposit Co. of Maryland, 202 F.2d 794 (7th Cir. 1953); United States Fidelity & Guaranty Co. v. Bank of Thorsby, 46 F.2d 950 (5th Cir. 1931); and (3) the determination of whether conduct is dishonest is essentially a question of fact, Citizens’ Acceptance Corp. v. New Amsterdam Casualty Co., 32 F.R.D. 600 (D.C. Del. 1963); American Surety Co. of New York v. Shaw, 54 F.2d 550 (5th Cir. 1932); or, as stated in Home Indemnity Co. v. Reynolds & Co., 187 N.E.2d 274 (Ill. 1962), if reasonable men can differ respecting the characterization of the act, even within the wide scope of dishonesty, the question is for the jury. The accepted corollary of this latter proposition is that the position most favorable to the benefi[839]*839ciary of the bond should prevail, and in that sense, that the concept of dishonesty must be broadly and comprehensively construed, Reese Cadillac Corp. v. Glens Falls Ins. Co., 157 A.2d 331 (N.J. 1960); Irvin Jacobs & Co. v. Fidelity & Deposit Co. of Maryland, 202 F.2d 794 (7th Cir. 1953); Brandon v. Holman, 41 F.2d 586 (4th Cir. 1930). Cf. American Surety Co. v. Pauly (No. 1), 170 U.S. 133 (1898). See, in general, 9 Appleman, Insurance Law and Practice, §§ 5661-69.

Limiting further the ambit of the investigation, we confront a series of generalizations employed by the courts under similar provisions in bonds guaranteeing against losses by fraud or dishonesty of employees to characterize certain conduct as dishonest or not. Indeed, a reading of the different decisions do not permit the formulation of steadfast rules on the matter. Their persuasive value rests almost entirely on an examination of the specific facts of each case. In Home Indemnity Company v. Reynolds & Co., 187 N.E.2d 274 (Ill. 1962), some employees of the office of a stock exchange broker sold securities in express violation of the state law which prohibited transactions involving unregistered corporate securities. In denying the petition for summary judgment made by the insurance company, the court stressed the point that the employer had the right to expect its employees to comply honestly and faithfully with the duties of their positions, and added that their acts “were detrimental to the firm, disregarded its best interests and subjected it to heavy losses.” However, in view of a statutory provision which defined as an offense the conduct of its employees which resulted in the loss, the foregoing language loses a great part of its impact. In Reese Cadillac Corp. v. Glens Falls Ins. Co., 157 A.2d 331 (N.J. 1960), a loss resulted from an inventory shortage of tires in a department under the direction of a particular man who had alleged that the shortage would be wiped off upon receipt of cer[840]*840tain credits from suppliers. Although the primary question discussed in the opinion is whether the inventory loss was conclusively established, as required by the bond contract, reference is made therein to certain principles on the scope of the concept of dishonesty, such as that evidence of mere negligence or incompetence does not constitute dishonesty, and that it is rather intended to cover certain acts which display a significant lack of probity, integrity or trustworthiness. The same view is held in Jamestown Bridge Com’n v. American Employ. Ins. Co., 128 A.2d 550 (R.I. 1957), involving a claim based on the fact that an employee had received a sum in excess of his salary, and where it was said that the word dishonesty is not so broadly construed as to require indemnification for losses arising from casual conduct consisting of acts or omissions in the nature of mistakes, irregularities, carelessness or inefficiency, and that it is necessary to prove that the employee acted with an intent to wrongfully deprive his employer of its property. Glens Falls Ind. Co. v. National Floor & Supply Co., 239 F.2d 412 (5th Cir.

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89 P.R. 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raval-inc-v-maryland-casualty-co-prsupreme-1964.