However, because Recology has not established the amount of its losses from the theft schemes, a jury will now determine the matter of damages. Judge Hamilton added that Berkley Regional had not acted in bad faith when denying coverage for the thefts, stating that her finding of coverage was not “synonymous with a finding that defendant acted unreasonably.”
The case has been ongoing for several years, with investigative reporter Samuel Lopez previously reporting on the story https://usaherald.com/waste-co-says-a-jury-must-hear-bad-faith-claims-against-insurer/.
Recology is represented by Craig A. Pinedo of PinedoLaw, while Berkley Regional is represented by Georges A. Haddad and team from Clark Hill PLC.
This ruling highlights the importance of commercial crime coverage for companies, as employee theft can result in significant financial losses. It also serves as a reminder for companies to regularly review their insurance policies to ensure they have the necessary coverage for potential losses.