The appellant appealed the dismissal of its claim for damages under a fidelity policy of insurance.
The trial judge had concluded the policy was void due to misrepresentation, imputed the employee's knowledge to the appellant, and found constructive knowledge of the fraud.
The Court of Appeal found it necessary to address only the constructive knowledge ground.
It held there was ample evidence that the appellant had constructive knowledge because the fraud would have been revealed by reviewing attached financial statements, payroll records, and related statements.
The appeal was dismissed with costs.
