3BC Properties, LLC v. State Farm Fire & Casualty Co.

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2020 IL App (2d) 190501
Decision Date: 
Monday, July 27, 2020
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON

Restaurant manager falsified time records for herself and her 4 relatives who worked at the restaurants, resulting in overpayments to them of more than $66,000. Employee's wage theft is not covered under the terms of the employer's business insurance policy. Unearned salary payments are nonetheless salary and excluded from coverage. The policy was not designed to cover all conceivable employee criminal conduct, and wage theft is one form of indirect employee theft that is excluded from coverage. (McLAREN and BRIDGES, concurring.)