Simon Marketing, Inc. v. Gulf Insurance
Opinion
Opinion
Flier, J.
Appellants Simon Marketing, Inc., and Simon Worldwide, Inc. (collectively Simon), brought this action against respondents Federal Insurance Company (Federal) and Gulf Insurance Company (Gulf) on insurance policies providing coverage for losses to property caused by theft or forgery committed by Simon’s employees.' Gulf and Federal moved for summary judgment on the ground that the policies did not cover the losses that Simon claimed to have incurred. The trial court granted the motions for summary judgment. We affirm.
FACTS
L. The Underlying Facts
Simon performed promotional and marketing services for McDonald’s Corporation; as part of these services, Simon designed promotional games for McDonald’s and its franchisees, including “Who Wants to Be a Millionaire” and “Monopoly.”
Jerome Jacobson, director of security for Simon, was responsible for the “seeding” of high-value winning game tickets across the nation in McDonald’s giveaway contests from 1988 to 2001. Unbeknownst to Simon, Jacobson organized a network of accomplices and coconspirators to funnel high-value winning game tickets to specific individuals; according to Simon, Jacobson stole game pieces with a total…